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SAFARI YAA BAYA V. REPUBLIC

(2017) JELR 95646 (CA)

Court of Appeal  •  Criminal Appeal 27 of 2016  •  31 Mar 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

Katana Baya Yaa (PW 1) is the father to the appellant while the deceased was the appellant’s grandmother and therefore mother to PW 1. On 9th September, 2007 at about midnight, PW 1 was asleep alone inside his house when he was startled from his sleep by a stranger calling him out while standing next to his bed. When he responded, the stranger in a fit of frenzy viciously attacked him by cutting him twice on the left knee, on the arm severally until it was severed and finally on the ear and back and left him for dead, bleeding profusely. Blood was flowing all over his face. However, before the assailant left and despite the harrowing experience he had been put through, PW 1 was able to recognize the assailant as his last born son, the appellant. He did so by recognition of his voice when he called him out and secondly by appearance because he stood next to his bed during the attack.

When the appellant left, PW 1 managed to drag himself to the door and watched as th…

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