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Omar Ali Haribae & v. Republic

(2014) JELR 93993 (CA)

Court of Appeal  •  Criminal Appeal 256 of 2011  •  25 Sep 2014  •  Kenya

Coram
Wanjiru Karanja, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Stephen Maina Njuguna (PW1) “Njuguna”, his sister Mary Wambui Kihika (PW2 “Kihika” and Paul Kimanideceased” were neighbours back home in Kipini area of Lamu County. On 26th May, 2003, Njuguna and Kihika bumped into the deceased at Miti ni Dawa Pub in Mpeketoni Town of Lamu County. Having sufficiently imbibed the local brew they set for home riding their bicycles. Njuguna rode his bicycle with Kihika as his pillion passenger. Njuguna had a luggage consisting of flour and mangoes and requested the deceased to ferry it on his bicycle. They left at about 5.30 p.m. On reaching Bopwe on the way the trio at the request of Kihika diverted into a “Mangwe” den where locals take traditional brew known as Mukoma wine. They ordered for their drinks which they took. In the process the appellants entered, ordered a bottle of the brew which they shared. As they were drinking, Njuguna recognized the 1st appellant whom he had known since 2002 when he started residing in Kipini. H…

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