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Simon Mulunda Wamalili v. Republic

(2019) JELR 93917 (CA)

Court of Appeal  •  Criminal Appeal 43 of 2017  •  4 Apr 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is a first appeal in which Simon Mulunda Wamalili the appellant seeks to have the judgment of the High Court convicting him for the offence of murder contrary to section 203 as read with section 204 set aside. The appellant was charged jointly with one Stephen Waluku Wamalili (Co-accused) with the murder of William Khisa Namasaka (hereinafter referred to as the deceased).

[2] During the trial, seven witnesses testified for the prosecution while the appellant gave sworn evidence denying the offence and also called his mother Violet Nafula Daraja (Violet), who testified in support of his defence.

[3] David Namasaka Wafula (Wafula), who is father to the deceased was the main witness for the prosecution. He testified that he was on his way to his home when as he was passing the house of the appellant, he heard the deceased asking the appellant to give him his things so that he could leave. Wafula decided to enter into the home of the appellant. On arrival, he s…

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