NYAKUNDI V. REPUBLIC

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

CRIMINAL APPEAL NO 194 OF 2002

Nyakundi........................APPELLANT

v

Republic........................RESPONDENT

(Appeal from a conviction and sentence of the High Court at Kisii, Wambilyangah J dated 5th November 2002, in High Court Criminal case No 38 of 2000)

Evidence – circumstantial evidence - standard that such evidence must meet - inculpatory facts to be incompatible with innocence of the accused – where evidence adduced does not directly connect accused to the offence. Evidence – witness – where witness evidence forming basis of conviction is contradictory and insufficient to form basis of conviction.

The accused was convicted of murder on the strength of the evidence of one Mary, the main witness. The appeal judges re-examined her evidence and found significant contradictions in its substance. The court also found that the witness was inadequately cross-examined to establish the reasons for her perception of the “afraid”…