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(2007) JELR 93989 (CA)

Court of Appeal  •  Criminal Appeal 266 of 2006  •  26 Jan 2007  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno



Said Karisa Kimunzu, the appellant herein, was tried before Ouko, J. with the aid of assessors on an Information charging him with the crime of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in that Information were that on the 6th of January, 2002 at an unknown time at Murya Chakwe Village in Kilifi District of the Coast Province, the appellant murdered Kahindi Said Kimunzu, “the deceased” hereinafter.

The deceased was the appellant’s own son and he was aged only 3 years at the time of his death. The mother of the deceased was the appellant’s only wife Sina Saidi Karisa (PW6). The appellant and his wife and their deceased son lived in the compound of the father of the appellant, one Karisa Kimunzi (PW7). The record of the learned trial Judge shows that at the time Karisa Kimunzu gave evidence, he was about eighty years old and was blind. The mother of the appellant had been separated from this old man and the s…

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