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(2014) JELR 105009 (CA)

Court of Appeal  •  Criminal Appeal 110 of 2007  •  8 Apr 2014  •  Kenya

Hannah Magondi Okwengu Milton Stephen Asike Makhandia Fatuma sichale



On a tranquil afternoon on 9th July, 2000 at about l pm, to be exact, in Kawala Village, Mariakani Location of Kilifi County, Ngalui Mbiti Katali, "the deceased" was sitting outside the house of a neighbour, Mulee Makuu (PW2) in the company of her grand-daughter Gladys Katele Katsango (PW1) preparing vegetables for cooking. Their peace and tranquility was however abruptly shattered with fatal consequences when a neighbour's son who turned out to be the appellant according to PW1 and PW2 suddenly appeared from the maize farm whilst armed with a jembe. He went straight for the deceased and without uttering a word, hacked her twice on the head with the jembe, fatally injuring her. Fearing for her own safety and in utter shock, PW1 took off into the same maize farm screaming. In the meantime, PW2 who had briefly retired into the house to attend to her crying baby as the appellant approached, was attracted by PW1 's screams and on coming out found the deceased on the g…

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