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Roba Galma Wario v. Republic

(2015) JELR 96488 (CA)

Court of Appeal  •  Criminal Appeal 159 of 2014  •  17 Jul 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Paul Kihara Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

This appeal arises from the judgment of Mwilu, J ( as she then was) in High Court Criminal Case No. 84 of 2004. The appellant, ROBA GALMA WARIO, was charged and convicted with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Cap 63 Laws of Kenya. The appellant was convicted of the murder of one JAMES MWANIKI MUREITHI (hereinafter the „deceased?). The prosecution relied on ten witnesses to prove the charge against the appellant.

The following is a brief summary of events that led to the commission of the offence, PW4, Isago Barako Boi, together with the appellant went to a bar by the name of Home Pub (the Pub) on 26 th September 2008, at around 11:00 p.m. The Pub was owned by the deceased. The two found PW5, Hassan Ibrahim Hassan alias Sora (an acquaintance of PW4) already there and proceeded to drink alcohol.

Between 1:00 a.m. and 3:00 a.m. the appellant had a slight altercation with a female customer. The deceased intervened…

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