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(2011) JELR 95130 (CA)

Court of Appeal  •  Criminal Appeal 176 of 2008  •  4 Mar 2011  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram



WATHOME MALUKI, the appellant, was after trial convicted of murder and sentenced to death.

According to the information filed by the Attorney General, the appellant and another not before the court murdered Kalama Kakondo (the deceased) on the night of 27th/28th April, 2005 at Kaptuku Village in Mariakani.

The prosecution presented the following facts before the trial court. During the night in question at about 9 .00 p.m. while in his house, Omar Kazungu (PW1) heard noises outside. On going to the scene, he saw two people who he identified as the appellant and his brother Juma Maluki attacking the deceased. However, he did not bother much as those people were neighbours and relatives. He returned to sleep. That very night Muisya Wathome (PW3) a step brother to the appellant was alerted by his wife that the deceased was outside their house having breathing problems. On inquiring from the deceased what had befallen him, the latter explained that he had been attacked …

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