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Patrick Daniel Lesadala v. Republic

(2019) JELR 94650 (CA)

Court of Appeal  •  Criminal Appeal 76 of 2015  •  24 May 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

On 4th August 2005, Patrick Daniel Lesadala “the appellant” was arraigned before the High Court sitting in Nairobi charged with the offence of murder. The information laid was that on 3rd April 2005 at Zimmerman Estate in Nairobi, he murdered Dianah Karambu Nthiba “the deceased”. The prosecution called 17 witnesses in a bid to prove its case against the appellant.

In summary the prosecution case was that on 3rd April 2005 at about 8.15 a.m. Sgt John Onyango Zadock, (PW2) was in a bar he operated at Kamiti Maximum Security Prison taking stock when the appellant arrived. The appellant was a prison warder at the said institution. The appellant exclaimed “I have killed”. When asked by the witness what he had killed, he told him that he had killed a woman. The appellant then wiped out a pistol and placed it on the table with 5 spent cartridges and 5 live rounds. He then asked for a beer. The witness took the pistol and all the cartridges and put them in a polythene pape…

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