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Raphael Mbuvi Kimasi v. Republic

(2014) JELR 96444 (CA)

Court of Appeal  •  Criminal Appeal No. 61 of 2013  •  21 Jan 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. Raphael Mbuvi Kimasi, the appellant, was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code , Chapter 63, Laws of Kenya. The Information is that on the 5th day of August, 2006, at Gategi Market Mbeere District the appellant murdered Lazarus Mutuku Nzau. The appellant was tried, convicted and sentenced to death by the High Court, (Khaminwa, J.).

2. The prosecution's evidence against the appellant hinges on the testimony of PW 2, Agnes Muiza who testified as follows:

“On 5thAugust 2006 at 4.00 pm, I saw the accused. I also saw Lazarus (deceased) at 7.20 pm. Raphael (accused/appellant) came at about 7.20 pm and standing on the road and sent another person to tell Lazarus (deceased) that he is awaited by the roadside. The accused came and moved around the compound and entered the compound speaking to a one Masaku. Lazarus (deceased) was then speaking to my mother. He, Lazarus, returned to where people were drinking. When he was si…

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