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Safari Chengo v. Republic

(2019) JELR 94852 (CA)

Court of Appeal  •  Criminal Appeal 9 of 2017  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Daniel Kiio Musinga

Judgement

JUDGMENT OF THE COURT

1. On 4th April, 2009, Zainab was taken by surprise when SM (PW1) came back home at around 10:00 a.m. since he had just left for school a few hours before and was expected back later in the evening. At the time Zainab used to work as a house help to SM’s family. Zainab waited for SM’s sister, LM (PW2), who was his legal guardian to return from work at around 6:00 p.m. and informed her about what had happened. LM went looking for SM around the house and found him lying down on a sofa.

2. No sooner had LM asked SM why he came back home early than he broke down and began crying uncontrollably. It took LM about thirty minutes to calm him down. It is at this point that she noted SM was having difficulty sitting down. She decided to call her other brother, AKK (PW3), who also upon observing SM, noticed he was not his usual self and could not sit properly. He too tried to find out from SM what was wrong but once again he began crying. They decided to take him to Tawfiq Ho…

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