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Patrick Kailikia M'kaibi v. Republic

(2015) JELR 95805 (CA)

Court of Appeal  •  Criminal Appeal 45 of 2012  •  26 Feb 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appeal before us is against the decision of the High Court wherein the appellant was convicted for the offence of murder. The appellant was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code in the High Court at Meru. The particulars of the offence were that on 17th March, 2010 at Kiurine Village, Mucuune Sub-Location, Kitheo Location in Meru North District within the then Eastern Province, the appellant murdered Samson Mugambi N’kumbuku (deceased).

During the plea taking the appellant stated that he did not intend to kill the deceased hence the trial court entered a plea of not guilty. The prosecution called a total of six witnesses. It was the prosecution’s case that the appellant was the deceased’s brother in law; he is married to the deceased’s sister one Martha Kalotia (Martha). On 17th March, 2010 at around 9:00 p.m. the deceased was with PW1, Sisto Kithinji (Sisto), PW3, Norman Gitonga (Norman), PW4, Patrick Kinyua (Pa…

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