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Peter Loka Kisaka v. Republic

(2018) JELR 95054 (CA)

Court of Appeal  •  Criminal Appeal 10 of 2013  •  11 Oct 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Peter Loko Kisaka (the appellant) was arraigned before the High Court at Mombasa (Odero, J.) to answer a charge of murder contrary to section 203 as read with section 204 of the penal code in that on 27th day of June 2009, at around 9.00 p.m. at Chumvini Irrigation Farm in Taveta District of the then Coast Province, he murdered MICHAEL OSUI (the deceased). He denied the charge and the matter proceeded to hearing.

2. Although the appellant was presented to court for plea on 13th July, 2009, we note that it was not until 7th September, 2011 that the first witness Nzioka Meja Mukungu (PW1) was called to the witness box. This witness told the court that he was working in his farm on the date in question at around 9.00 p.m. when he heard shouts of someone shouting “ameua” “ameua” (he has killed. He has killed!). He rushed to the direction where the shouts were coming from. His evidence was that somewhere on the road, he found the appellant and one Simon Nzomo Misoi (…

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