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Mohammed Tawa Kea, William Juma Shauri & Salim Shauri Mwabora v. Republic

(2016) JELR 98983 (CA)

Court of Appeal  •  Criminal Appeal 45 of 2015  •  27 May 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Mwadziwe Dosho (PW 1) is an elderly resident of Huruma Sub location in Rabai Location of Kilifi County. He is a paternal uncle to Mwabari Mwadzure “the deceased” and the appellants. The appellants and the deceased were brothers though they had never known peace. The appellants constantly accused the deceased of being selfish, having taken the lion’s share of the family land as well as being a witch. When PW 1 attempted to intervene in a bid to patch up the family discord, he was also branded a witch and together with the deceased were threatened with death. Indeed the deceased was suspected to have had a hand in the death of several members of the family and in particular their younger brother Saha, who passed away on 7th January, 2011. Fearing for their lives, the deceased and PW 1 reported the threats to Liston Chibogo Ukonda (PW 5), the Assistant Chief, Rabai Location as well as Stephen Mukamba Mutaa (PW 7), the Chief of Rabai Location and thereafter to Kalolen…

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