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Raphael Isolo Echakara & Harrison Chegugu v. Republic

(2014) JELR 96383 (CA)

Court of Appeal  •  Criminal Appeal No. 44 of 2013  •  14 Mar 2014  •  Kenya

Coram
John walter Onyango Otieno, William Ouko, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is an unfortunate and sad case. A young life was brutally taken away under circumstances that left no doubt that human hand or hands was or were involved. The police were apparently informed within few minutes after the murder, and started what they called investigations and almost immediately, such that one would have expected a water tight case had been made out upon which a conviction could be entered without any lingering reasonable doubt. However a careful perusal and analysis of what the prosecution availed before the trial court reveals so many loose ends that deserved consideration and which upon the same consideration would have made it difficult, if not impossible for a court of law seriously applying its mind to the facts of the case and to the law, to convict upon reliance on the same.

The two appellants were arraigned before the learned Judge of the High Court Musinga J. (as he then was) upon an Information dated 21st day of November, 2008, in whi…

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