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ANDRIANO OYUGI
V.
REPUBLIC

(2002) JELR 106526 (CA)

Court of Appeal 26 Jul 2002 Kenya
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Case Details

Suit Number:Criminal Appeal 164 of 2001
Judges:Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu
Location:Mombasa
Other Citations:Andriano Oyugi v. Republic [2002] eKLR

JUDGMENT OF THE COURT

In 1988 Andriano Oyugi, the appellant hereinafter, married Beatrice Moraa Gichamba. Ten years later ie by 1998, they had brought into this world three children namely Brenda Nyangarisa, Leroy Stone Nyakundi and Theresa Namataka. Brenda Nyangarisa was the first born. The marriage between the appellant and Beatrice was clearly a stormy one, and it appears from the recorded evidence that by August 1998, the appellant and Beatrice were living apart; at any rate that is what Beatrice alleged in her evidence. On 10th August 1998, the appellant came home and found Beatrice was away. Beatrice was in fact in the house of her friends Hellen Msachi and her husband Philemon Mafwaba. Those two gave evidence for the prosecution as PW3 and PW4 respectively. The latter couple were also with Abdi Juma (PW11); Abdi was a neighbour of Hellen and Philemon. It was the evidence of Beatrice (PW2), Hellen and Philemon that the appellant came to where they were and he was looking angry, a…

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