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Safari Kombe v. Republic

(2015) JELR 96789 (CA)

Court of Appeal  •  Criminal Appeal 122 of 2014  •  30 Oct 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

On 21st October 2014, the High Court at Malindi, (Meoli, J.) convicted the appellant, Safari Kombe, of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced him to death. The conviction and sentence followed his trial on an information charging him with the murder of Joseph Kiponda (the deceased) at Majenjeni Village, Kilifi County on 8th March 2012. Aggrieved by the decision the appellant preferred the current appeal in which he challenges his conviction on the grounds that his identification was not safe; that the prosecution case was built on fabricated and contradictory evidence; and that the prosecution failed to prove malice aforethought on his part.

The prosecution case against the appellant was build around the evidence of seven witnesses, two of whom, (SN (PW1) and Karume Shida (PW2)), testified to having witnessed the appellant assaulting the deceased with a rungu. Two other witnesses, Robert Paul Kambi (PW…

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