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SHIDA KAZUNGU BAYA & 4 others v. REPUBLIC

(2008) JELR 93973 (CA)

Court of Appeal  •  Criminal Appeal 273 of 2006  •  18 Jul 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

In an information dated 16th September 2004 and filed in the superior court on 4th October 2004, all the five appellants namely Shida Kazungu Baya, Elizabeth Kadzo Karisa, Mary Kaingu Kithongo, Sikubali Baya Mwaro and Kitsao Peter Katana, the first, second, third, fourth and fifth appellants respectively who were then the fourth, the second, the third, the first and the fifth accused respectively, were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars were that:

“On the 15th day of May, 2004, between 6.00 p.m. and 8.30 p.m. at Saba Saba area at Hindi in Lamu District within the Coast Province, jointly murdered Masha Kalama.”

They pleaded not guilty to the charge but after a full trial with the aid of assessors, in a judgment delivered on 4th October 2005, the superior court (Ouko J.) found each of them guilty of the offence as charged, convicted them and sentenced each to suffer death in accordance…

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