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BENJAMIN WANYIRI MAINA
V.
REPUBLIC

(2018) JELR 105747 (CA)

Court of Appeal 11 Oct 2018 Kenya
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Case Details

Suit Number:Criminal Appeal 19 of 2017
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Mombasa
Other Citations:Benjamin Wanyiri Maina v. Republic [2018] eKLR

JUDGMENT OF THE COURT

[1] This appeal, just like the whole trial before the High court revolves around unraveling the mystery surrounding the brutal and ruthless murder of Peter Nduati Kakuiru (deceased), and whether or not his unfortunate demise can be attributed to Benjamin Wanyiri Maina (appellant), based on one highly circumstantial piece of evidence. A brief background information is that the appellant, a former salesman dealing with distribution of mobile phone scratch cards to retailers, was employed as such by Mobicom (K) limited in Mombasa, alongside one Peter Nduati (the deceased). The two were also friends; in the fullness of time however, the appellant was dismissed from employment; nonetheless, he kept in touch with the deceased. On or about 25th August, 2011, in his usual course of business, the deceased intimated to his supervisor that he had received an order for supply of scratch cards. In order to meet the order, he was issued with cards of various denominations, cumu…

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