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AGNESKASYOKA IBRAHIM
V.
REPUBLIC

(2012) JELR 106268 (CA)

Court of Appeal 13 Dec 2012 Kenya
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Case Details

Suit Number:Criminal Appeal 116 of 2008
Judges:John walter Onyango Otieno, David Kenani Maraga, Wanjiru Karanja
Location:Nyeri
Other Citations:Agneskasyoka Ibrahim v. Republic[2012]eKLR

JUDGMENT OF THE COURT

AGNES KASYOKA IBRAHIM, the appellant, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The allegation against her was that on 2nd April, 2003 at Gitu Village, Mukinduri Location in North Meru District within Eastern Province, she murdered EGNESIOUS MUGAMBI (the deceased). She pleaded not guilty but after trial before the High Court at Meru (Sitati J.), she was convicted and sentenced to death. This appeal is against both that conviction and sentence.

In the three grounds of appeal in hersupplementary memorandum of appeal, the appellant has raised three points. They are that there was no corroboration of the two minor witnesses' testimony; that the learned trial Judge erred in failing to realize that the case against the appellant was based on suspicion; and that the case against the appellant was not proved to the required standard.

The background facts of the case were that the appellant was married to one N…

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