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Urita Njeri Muchiri v. Republic

(2013) JELR 94508 (CA)

Court of Appeal  •  Criminal Appeal 37 of 2009  •  28 Nov 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] This is a first appeal from the judgment of the High Court at Meru, Emukule, J. dated 6th March, 2004. By dint of principles enshrined in the well known case of Okeno v. R, 1972, EA, we are duty bound to revisit the evidence adduced before the trial court afresh, analyze it, evaluate it, and arrive at our own independent conclusion but always bearing in mind that the trial court had the advantage of seeing the demeanor of witnesses and hearing them and thus give allowances for that.

[2] Urita Njeri Muchiri, the appellant, (Urita), was married to the deceased as the 2nd or 3rd wife. They had one child and the deceased had four other children with his former wives who had gone their ways when he was living with Urita and one of the sons' called M. Before the fateful day, U had disagreed with the deceased and gone to live with her parents. On the fateful night of 13th or 14th November, 2005, when the deceased was allegedly murdered, MM (PW 1), a son of the deceaseā€¦

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