RAMADHAN KOMBE V. REPUBLIC

JUDGMENT OF THE COURT

On the 25th day of September, 2002, the High Court of Kenya at Mombasa (Hon. Khaminwa, Commissioner of Assize) after a protracted trial spanning over a period of ten years made a special finding under section 166 of the Criminal Procedure Code to the effect that the appellant RAMADHAN KOMBE was guilty of the act charged but was insane when he did the act. The act complained of was the murder of the appellant’s infant children, Riziki Ramadhan and Juma Ramadhan, aged 3 and 4 years respectively. We shall hereinafter refer to them as the two deceased.

According to the information filed by the Attorney General the appellant on 31st July 1993 at about 2.00 p.m., at Mnangoni village, Mariakani Location, Kilifi District of the Coast Province, murdered the two deceased.

The case for the prosecution is that Maria Kadzo (PW1) and the appellant are wife and husband respectively. They were blessed with two children, now the deceased. On 24th July, 1993, the couple and their dec…