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(2019) JELR 98880 (CA)

Court of Appeal  •  Criminal Appeal 93 of 2016  •  26 Sep 2019  •  Kenya

Hannah Magondi Okwengu, Sankale ole Kantai, Stephen Gatembu Kairu



This is a first appeal from the judgment of the High Court delivered at Malindi on 17th February, 2012. It is the duty of a first appellate court to reconsider the evidence, evaluate it itself and draw its own conclusions in deciding whether the judgment of the trial court should be upheld – Okeno v. Republic [1972] E.A. 32.

In the information presented before the trial court the appellant, Mramba Masha Tsora, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.

Particulars of the offence were that on the 16th December, 2006 at Madeteni in the then Kilifi District he murdered Charo Tsofa Mwarago.

The prosecution called 9 witnesses in support of its case. The substance of the evidence was that on the said 16th December, 2006 Charo Tsofa Mwarago (hereinafter “the deceased”) was in his house when at about 8 p.m. he was viciously attacked with a panga and sustained injuries that led to his death.

Maitha Charo Tsofa (Ma…

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