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(2015) JELR 105297 (CA)

Court of Appeal  •  Criminal Appeal 68 of 2014  •  16 Oct 2015  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



On the night of 14th-15th June, 2009 at around 11p.m, some mourners had congregated at one of the homes in Majimboni village to conduct funeral arrangements for one of their own. Whilst the arrangements were underway, along came two strangers, requesting to be given directions to Ukunda. The village elder, Sammy Manthi Mutua (PW1) and other vigilantes, among them Chikoko Mangale (PW2), asked the two strangers to identify themselves, at which point it emerged that neither of them had their National Identity Cards. PW1 then requested to inspect their luggage, which was found to contain a kanzu, a sweater and a pair of open shoes. A further search conducted on their persons, revealed a wallet containing an identity card and other documents apparently belonging to a third party. In the course of the body search, a toy pistol also fell out of one of the pockets of the strangers, causing the villagers present to scamper for safety. In the midst of the melee, the two str…

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