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Mtawali Amini Ngawa, Safari Foleni Ngawa, Charo Chome Kitsao, Foleni Karima Ngawa, Said Amini Ngawa, Banaka Ngawa Chome, Ngala Charo Ponda & Abeid Amin Ngawa v. Republic

(2018) JELR 98878 (CA)

Court of Appeal  •  Criminal Appeal 3, 4, 5, 6, 7, 9, & 10 of 2016  •  20 Sep 2018  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Daniel Kiio Musinga

Judgement

JUDGMENT OF THE COURT

[1] Mtawali Amini Ngawa, Safari Foleni Ngawa, Charo Chome Kitsao, Foleni Karima Ngawa, Said Amini Ngawa, Banaka Ngawa Chome, Ngala Charo Ponda and Abeid Amini Ngawa (1st – 8th appellants respectively), the deceased and some of the witnesses (PW1, PW2 and PW3) were all close relatives. Another of their relative, one Daniel Foleni had died and his body was being interred on 21st July, 2012 at Malamano Village. The appellants, PW1, PW2, PW3 and the deceased were some of the people who attended the burial that Saturday morning.

[2] Adan Kahindi Ngala (PW1), a son of the deceased told the court that he saw the appellants and others breaking into small groups holding discussions in low tones. The 3rd appellant is said to have gotten hold of the deceased drew him aside and posed as if he wanted to discuss something with him. The 2nd appellant however, produced a hammer and hit the deceased with it twice. Before PW1 could intervene, the other appellants and some other pers…

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