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Ngala Chirongo Mwamee v. Republic

(2018) JELR 98457 (CA)

Court of Appeal  •  Criminal Appeal 21 of 2017  •  26 Jul 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal by Ngala Chirongo Mwamee (appellant), against the conviction and sentence for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. This is a first appeal from the judgement of the High Court. By dint of Section 379 of the Criminal Procedure Code and in accordance with the decisions such as Okeno v. R [1972] EA 32, we are expected to subject the entire evidence to a fresh examination. To do this effectively we must summarize the events leading to the trial of the appellant.

[2] The facts of this appeal reveal a tale as old as time of a love triangle gone sour with deadly and regrettable consequences. By a cloak and dagger mystery the body of Ngale Chirongo, (deceased) a resident of Egu village, Taru Location in Kwale County was discovered with a cut wound on the forehead. The deceased was last seen alive on the 6th June, 2012 by his younger brother Kaingu Mwabeyu (PW2), Gabriel Ngala Mwabela (PW4) and Beja M…

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