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Simon Juma Wambunya v. Republic

(1993) JELR 93838 (CA)

Court of Appeal  •  Criminal Appeal 49 of 1993  •  17 Jun 1993  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Gicheru, Omolo and Tunoi JJ A)

CRIMINAL APPEAL NO 49 OF 1993

SIMON JUMA WAMBUNYA .................. APPELLANT

VERSUS

REPUBLIC......................................RESPONDENT

(Appeal from a conviction and sentence of the High Court of Kenya

at Kakamega (Mr Justice Mbogholi) dated 31st October, 1989

in CR A No 16 of 1989)

JUDGMENT

The appellant was convicted of the murder of Christopher Wanyama on 6th July, 1988, at Nakhwabuya village, Central Kabras location in Kakamega district and sentenced to death.

The prosecution’s case was that the appellant persuaded the deceased, his relative and a boy aged 7 years old, to accompany him into a nearby forest at about 3.00 pm on the material day. A few hours later, the appellant returned without him and denied knowledge of his whereabouts. An extensive search for him was in vain until about two weeks afterwards when a skeleton was found on a river bank. The deceased’s mother, Dorcas Chikamai (PW3) identified a piece o…

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