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REPUBLIC v. MARITA SIMIYU MICHELE

(2010) JELR 93827 (CA)

Court of Appeal  •  Criminal Case 78 of 2008  •  27 Sep 2010  •  Kenya

Coram
FRED A. OCHIENG

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU Criminal Case 78 of 2008

REPUBLIC................................................................PROSECUTOR

VERSUS

MARITA SIMIYU MICHELE................................................ ACCUSED

J U D G M E N T

MARITA SIMIYU MICHELE has been charged with the offence of murder contrary to section 203 as read together with section 204 of the Penal Code.

The particulars of the charge were that on 6th of September 2008, at Kibera, Kichinjio Estate, within Nairobi Province, the accused murdered ALBERT KIPKOECH KESIO.

During the trial, the prosecution called seven (7) witnesses. Thereafter, when the accused was put to her defence, she gave a sworn testimony, and she then called two (2) witnesses.

PW 1, DR. ZEPHANIA KAMAU, is a police surgeon, based at the Nairobi Area Police Headquarters.

On 18th September 2009 he examined the accused and ascertained three facts, namely;

(i) The accused was about 17 years old;

(ii) She was mentally fit to stand …

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