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Simion Cheche Magere v. Republic

(2011) JELR 93797 (CA)

Court of Appeal  •  Criminal Appeal 198 of 2009  •  2 Nov 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by the superior court (Musinga J.) for the offence of murder contrary to sections 203 and 204 of the Penal Code and sentenced to death. This is his first appeal against the conviction and sentence.

The charge stated that on 1st December 2004 the appellant murdered Gisiri Gitangita (deceased). The prosecution called five witnesses at the trial namely, Coleta Nyamwamu (PW1), (Coleta); Robi Gitangita (PW2), (Robi), John Gitangita Magere (PW3), (John), P.C. Charles Ndege (P.C. Ndege) and Dr. Aggrey Idagiza (PW5), (Dr. Aggrey). The Appellant made unsworn statement at the trial and called one witness Zacharia Letoto Magere (DW 2), (Zacharia).

The evidence on which the prosecution relied was briefly as follows.

On 1st December 2004, John left his home at about 4 p.m. and told his son, the deceased who was aged 13 years, to look after the cattle. At about 6 p.m., Coleta who is a brother of the deceased was collecting firewood near the home while …

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