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Ngumbao Kahindi Kadsomba v. Republic

(2019) JELR 98441 (CA)

Court of Appeal  •  Criminal Appeal 53 of 2016  •  31 Oct 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal involves the murder of Ngumbao Kahindi Kadzomba, the deceased by Ngumbao Kahindi Kadsomba, the appellant, contrary to section 203 as read with section 204 of the Penal Code. The particulars as set out in the information before the High Court at Malindi were that on 3rd May 2011 at Baricho Sub location of Marafa Division, Kilifi County, the appellant together with Mkutano Kahindi Ngumbao, the 2nd accused, murdered the deceased. Both had denied the charges.

In his opening statement of the proceedings, Mr. Naulikha for the State informed the court that the appellant and the 2nd accused had waylaid the deceased as he was returning from his farm at Bunyale location; that the prosecution would demonstrate that prior to the attack, the appellant and the 2nd accused held a secret meeting where a decision was reached to eliminate the deceased, who they suspected of practicing witchcraft, which had led to the death of the appellant’s infant child. Mburuga Charo M…

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