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Victor Wekesa Wanyama, Silvester Wanyama Mkere & Andrew Wafula Wanyama v. Republic

(2018) JELR 95277 (CA)

Court of Appeal  •  Criminal Appeal 94 of 2015  •  14 Jun 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against conviction and sentence for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Upon conviction, the High Court (J.R. Karanja, J.) sentenced the 1st and 3rd appellant to 50 years imprisonment. The 2nd appellant was sentenced to 10 years imprisonment.

[2] The 1st and 3rd appellants are sons of Silvester Wanyama Mkere, the 2nd appellant herein. The evidence of the prosecution witnesses and of the 1st and 3rd appellants showed that the land of the 2nd appellant adjoins the land of Judith Nekesa Barasa (deceased). The prosecution evidence also showed that there was a long standing boundary dispute between the deceased and the 2nd appellant and a case relating to the boundary dispute had been filed in court.

[3] The prosecution case was briefly as follows.

On the morning of 16th May, 2010, Nancy Nasimiyu (Nancy) and her husband Hamisi were at their house within the homestead of the deceased. Hamisi is theā€¦

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