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(2015) JELR 98759 (CA)

Court of Appeal  •  Criminal Appeal 139 of 2013  •  23 Jan 2015  •  Kenya

Paul Kihara Kariuki, Jamila Mohammed, Patrick Omwenga Kiage



MUTUA KILONZO (the appellant) appeals to this Court against his conviction and the sentence of death meted on 17th January 2003 by the High Court at Machakos for the murder between 4th June and 5th August 2000, of his grandfather MASAI NDANI (the deceased) contrary to Section 203 as read with Section 204 of the Penal Code.

That conviction and sentence followed a trial before Nambuye J. (as she then was) before whom evidence was led that on 4th June 2000, the deceased was last seen alive in the company of the appellant. The duo had left the deceased’s home at Makuusya village, Kyusyaani Sub-Location of Yatta Location in Kitui District, to visit the home of the deceased’s daughter ANNE NJERI MUKWATI (PW1) at Kilanzuni Village in the same district. The object of the Sunday afternoon visit was for the deceased to collect some KShs. 15,000 which he had given PW1 to keep for him. He needed the money for the purchase of a cow or cattle at the Kabati livestock market to be…

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