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CHARO KENGA GONA
V.
REPUBLIC

(2024) JELR 112716 (CA)

Court of Appeal 6 Dec 2024 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL E004 OF 2023
Judges:ASIKE-MAKHANDIA, JA A.K. MURGOR, JA
Location:Malindi

JUDGMENT

1. Four grounds of appeal were raised by Charo Kenga Gona (“the appellant”), in this second and perhaps last appeal before this Court to wit, whether: the prosecution proved its case to the required standard, the contradictions and inconsistencies in the prosecution evidence undermined the prosecution case; the two courts below considered the appellant’s defence based on the alleged bad blood between him and the members of the victims family; and finally, whether the sentence imposed was manifestly harsh, excessive and unconstitutional.

2. Being a second appeal, our mandate by dint of the provisions of section 361 of the Criminal Procedure Code, is that we are enjoined to consider only matters of law. Several decisions of this Court have expounded on this provision. They are to the effect that this Court cannot interfere with the decision of the first appellate court on facts unless it is demonstrated that the trial court and the first appellate court considered matters they ou…

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