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JOHN MACHARIA GACHANJA
V.
REPUBLIC

(2009) JELR 100889 (CA)

Court of Appeal 2 Oct 2009 Kenya
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Case Details

Suit Number:Criminal Appeal 289 of 2006
Judges:Samuel Elikana Ondari Bosire JA Philip Nyamu Waki JA John walter Onyango Otieno JA
Location:Nakuru
Other Citations:John Macharia Gachanja v. Republic [2009] eKLR

JUDGMENT OF THE COURT

The appellant in this appeal John Macharia Gachanja married Phyllis Wanjogu Kanyi (PW3) on 3rd November 2002. Before her marriage, Phyllis had given birth to the deceased, Elizabeth Wanja on 16th August 2002. Phyllis stated in her evidence in the superior court that at the time the two got married the appellant accepted the deceased although she was not sired by him. Later however, Phyllis said the appellant was not happy with the deceased and that occasioned misunderstanding between her and the appellant to the extent that Phyllis went back to her father’s home. She took the deceased with her. On 13th July 2003, at about mid-day, Phyllis took the deceased to her aunt, Eunice Njeri Memia (PW2) who lived about one kilometer away from her father’s home. She left the deceased there and she went to Kapten market. That was the last time she saw her daughter alive.

Eunice accepted to stay with the child. She gave the deceased food and the deceased went outside to play wi…

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