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Stephen Marwa Mwita Mwisari v. Republic

(2012) JELR 93848 (CA)

Court of Appeal  •  Criminal Appeal 308 of 2009  •  11 Oct 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, David Kenani Maraga, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

The appellant Stephen Marwa Mwita Mwisari was arraigned before the High Court of Kenya at Kisii with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, in that Stephen Marwa Mwita Mwisari on the 17th day of January 2005, at Masangura Sub-Location in Kuria District within the Nyanza Province murdered Ayub Magasi Chacha (the deceased). The appellant pleaded not guilty but after trial before the High Court at Kisii, he was convicted and sentenced to death.

The prosecution led evidence that the deceased Ayub Magasi Chacha left his home at 6.00 a.m. informing his wife PW5, Susan Boke Magazi that he was leaving for Daraja Mbili to buy maize. At about 2.30 p.m. on the same day the appellant appeared at the office of the area Assistant Chief, PW2, Mr. Chacha Marwa Sasi where the said Assistant Chief was expected to arbitrate in a case between the appellant and the deceased with regard to a refund of 2 heads of cattle paid as dowry for…

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