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Muema Makali v. Republic

(2011) JELR 105015 (CA)

Court of Appeal  •  Criminal Appeal 219 of 2004  •  7 Oct 2011  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



The appellant herein, Muema Makali, was, after trial, convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to death.

According to the information filed by the Republic, the appellant faced three counts of murder in that on the 19th August, 1999 at Kisaani village in Machakos District within the Eastern Province, he murdered Catherine Mbithe Nzioki (Catherine) in count one; Fidelis Musau (Fidelis) in count two and Kennedy Nzioki (Kennedy) in count three.

The prosecution presented the following facts before the High Court. Catherine, Fidelis and Kennedy (all deceased) were young children of Raphel Nzioki (PW1) (Nzioki). At the material time, the appellant was a domestic help employed by Nzioki. He was employed by Nzioki initially from February 1997 to August 1998. He returned six months later, sought re-employment, and was again employed in the same capacity, starting February 1999. He worked until August …

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