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Susan Mutongori Mwita v. Republic

(2010) JELR 96579 (CA)

Court of Appeal  •  Criminal Appeal 313 of 2006  •  16 Apr 2010  •  Kenya

Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



Susan Mutongori Mwita, (Susan) the appellant was arraigned in the High Court of Kenya at Nakuru on an Information which charged her with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that between 30th day of May, 2006 and 6th day of June 2006 at Naivasha town in Nakuru District within Rift Valley Province she murdered JS, the deceased. The appellant was the mother of the deceased. On 1st June, 2006 at 5.00 p.m. she went to the house of Gaudencia Magaiwa (PW3) and requested to be accommodated there that night alleging that her house had been locked up. She did not say by whom or why. She was with the deceased. However, on 6th June, 2006 Pc. Antony Mwangi (PW5) and Pc. Ongombe were instructed by their in-charge, IP. Lusunda to go to a scene near Naivasha G. K. Prison where the body of a dead child had been recovered. The two officers went to the gate of the G.K. Prison and were directed …

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