Customer Support

EVANS MASHETI SHIMWATI
V.
REPUBLIC

(2015) JELR 97864 (CA)

Court of Appeal 17 Dec 2015 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 53 of 2014
Judges:David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor
Location:Kisumu
Other Citations:Evans Masheti Shimwati v. Republic [2015] eKLR

JUDGMENT OF THE COURT

Evans Masheti Shimwati, the appellant, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 9th of December 2003, at Shikhalia village, Lunerere sub-location, Isulu Location, in the then Kakamega District, he murdered Mike Mutayi Mbenji (deceased).

The brief facts are that, on 9th December 2003 at about 8.00pm, Maurice Alaba Masheti PW1, (Maurice) the father of the deceased, was having supper with his wife, Jenipher Masheti, (PW2), when the deceased came to collect his child from Maurice’s house. As the deceased returned with the child to his house which was in the same compound as Maurice’s, Cyrus, another of Maurice’s sons, assisted by carrying some food for the deceased. After a few minutes, Cyrus returned to Maurice’s house carrying the deceased’s child. At that moment, Maurice heard the deceased calling his mother, saying that he was dying. When Maurice and Jen…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.