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REPUBLIC V. IKI

(2019) JELR 95359 (CA)

Court of Appeal  •  Criminal Case 7 of 2018  •  11 Jul 2019  •  Kenya

Coram
Jessie Wanjiku Lessit

Judgement

JUDGMENT

1. The accused person IKI is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that:

β€œOn the 23rd December, 2017, at Soweto Estate in Embakasi East Sub-County within Nairobi County, murdered Rahab Wanjiku Irungu.”

2. The prosecution called a total of six (6) witnesses. The brief facts of the case are that the deceased was the mother of the accused and mother-in-law of PW1. On the fateful day, the deceased had visited the accused at his home. They exchanged pleasantries and as they were having tea, the accused hit the deceased with a hammer on the head. The deceased was rushed to hospital but succumbed to the injuries a week later.

3. PW1 stated that on the fateful day, the accused mother (her mother in-law) paid them a visit. She explained that the accused welcomed his mother and uttered a prayer. PW1 stated that as she poured tea and buttered bread for her mother in-law, she noticed that the the accused was…

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