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Moses Wanjala Ngaira v. Repulic

(2019) JELR 98889 (CA)

Court of Appeal  •  Criminal Appeal 87 of 2016  •  6 Mar 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an appeal against the judgment of the High Court (Kimondo J), wherein Moses Wanjala Ngaira aka Musungu (the appellant), was convicted and sentenced to death for the offence of murder contrary to section 203 as read together with section 204 of the Penal Code.

[2] The particulars of the charge against the appellant were that between the night of 23rd and 24th of February, 2011, at 12.00 midnight at Tairi Mbili village, Mbangara Sub-location, Mautuma Location in Lugari District within Western Province, he murdered Stephen Toili Macho (hereinafter referred to as “the deceased”).

[3] During the trial, the appellant pleaded not guilty to the charge, and eight witnesses testified for the prosecution. These were: Rose Otieno Odongo (Rose), Isaac Wanjala Waswa (Waswa), Josphat Amayi Busuru (Josphat), David Natembea Makhoka (David), Roselyn Nekesa Makhokha (Roselyn), Beatrice Khakali (Beatrice), Dr. Hilary Shivachi (Dr. Shivachi) and Sgt. Albanus Kimongo (Sgt. Al…

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