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Sylvester Mwacharo Mwakiduo & Cecilia Wakesho Mwamburi v. Republic

(2019) JELR 93960 (CA)

Court of Appeal  •  Criminal Appeal 58 of 2017  •  28 May 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The 1st and 2nd appellants, Silvester Mwacharo Mwakidua and Cecilia Wakesho Mwamburi were tried before the High Court on information that charged them with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that on a day between 16th of September, 2012 and 19th of September, 2012 at Manoa village Mwachabo location within Taita-Taveta County, they murdered JW (hereinafter referred to as the deceased). They denied the charge and the matter proceeded to full trial at the conclusion of which they were found guilty of murder, convicted and sentenced to death.

2. This being a first appeal, it behoves us to abide by our mandate as succinctly spelt out by the predecessor of this Court in the case of Okeno v. Republic [1972] EA.32 as follows:

An appellant on a first appeal is entitled to expect the evidence as a whole to be submitted to a fresh and exhaustive examination (Pandya versus Republic [19…

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