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P K N v. Republic

(2017) JELR 94209 (CA)

Court of Appeal  •  Criminal Appeal 115 of 2013  •  28 Jul 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Mohammed Abdullahi Warsame, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The Appellant P K was charged with the offence of murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 3rd September, 2006 at [Particulars Withheld] area Kiserian of the then Kajiado District within Rift Valley Province, murdered D W P. The appellant appeared before Muga Apondi, J for plea on 11th December, 2006. He pleaded not guilty. Subsequently the trial commenced before Ochieng, J on 19th April 2010. The learned judge recorded the evidence of J W a child of tender years who after the court examined her, found that although she did not understand the meaning of an oath, she was able to distinguish between truth and lies. PW1 recalled that on 1st September, 2006 at about midnight, her father, the appellant herein came home and called her mother, the deceased. The appellant had asked her for the keys for the borehole and as she did not know where they were, she informed the appellant as much. She …

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