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CARLOS MULI KIMEU
V.
REPUBLIC

(2022) JELR 113647 (CA)

Court of Appeal 18 Mar 2022 Kenya
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Case Details

Suit Number:Criminal Appeal 67 of 2020
Judges:SG Kairu, JA P Nyamweya, JA JW Lessit, JA
Location:Mombasa

JUDGMENT

  1. The Appellant, Carlos Muli Kimeu, was charged with one count of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on the 29th February, 2012 at VOK Estate in Kisauni District, jointly with others not before court murdered David Matu Mwendaka.

  2. The Appellant was convicted and sentenced to 25 years’ imprisonment after a full trial. Being aggrieved with the conviction and sentence he lodged this appeal. In the memorandum of appeal, the Appellant challenges the judgment of the High Court on the grounds the learned trial judge erred in law and facts by failing to evaluate and analyze the entire evidence and find there was no concrete evidence to convict; applied wrong principles of law and procedure in arriving at her decision on the basis of circumstantial evidence; that the case was not proved beyond any reasonable doubt; that the evidence adduced did not support the charge; and, that there was variance between the e…

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