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(2006) JELR 93980 (CA)

Court of Appeal  •  Criminal Appeal 80 of 2006  •  28 Jul 2006  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, William Shirley Deverell



This is an appeal by Rodgers Kyanga from the judgment of D.K Maraga J. dated 23rd February 2006 in which he was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The victim of the alleged murder was Isilovo Kilonzo Mbunga (the deceased).

The deceased died of stab wounds inflicted on her between 9.45 pm and 10 pm on the evening of the 2nd March 2003.

There were only two witnesses who were in the vicinity of the scene of the crime. These two were Mweni Peter Gwiko, a 19 year old woman, (hereinafter “Mweni”) and Joseph Musyoka Munyaka (hereinafter “Musyoka”). The events leading up to the death of the deceased were as follows:-

Mweni testified that she resided in Magongo in Mombasa on the same plot as the appellant. On 2nd March 2003 at about 2.30 pm she was informed that there was a visitor from her home looking for her. She returned to her room in the house and met the visitor who she called Shoro but who was also kn…

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