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HENRY MULAMBA BWIRE & ANOR
V.
REPUBLIC

(2019) JELR 97816 (CA)

Court of Appeal 21 Nov 2019 Kenya
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- The appellants were convicted of murder under sections 203 and 204 of the Penal Code for the death of Dennis Wandera Ouma on 31st August 2012 in Busia County, Kenya, based solely on circumstantial evidence and the deceased’s dying declara

Case Details

Suit Number:Criminal Appeal 46 of 2016
Judges:Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, Sankale ole Kantai
Location:Kisumu
Other Citations:Henry Mulamba Bwire & another v. Republic [2019] eKLR

JUDGMENT OF THE COURT

The appeal arises from the Judgment of the High Court at Busia (F. Tuiyot, J.) dated 20th November, 2014.

The background to the appeal is that, the appellants were charged jointly with others with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that, on 31st August, 2012 at Nangoga Village in Namboboto Location in Busia County, the appellants jointly with others murdered Dennis Wandera Ouma. The appellants denied the offence prompting a trial in which the prosecution tendered evidence through six (6) witnesses to prove the information.

The evidence in support of the prosecution case was that, Regina Nabwire (PW1), who was the mother to the deceased stated that on the material night of 31st August, 2012, she was in her house when at around 10.00 p.m. she heard people talking outside. They knocked at her door four (4) times asking her to open the door but she refused to open. She recognized …

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