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K C K
V.
REPUBLIC

(2016) JELR 100400 (CA)

Court of Appeal 26 Feb 2016 Kenya
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Case Details

Suit Number:Criminal Appeal 245 of 2011
Judges:William Ouko JA James Otieno Odek JA Kathurima M'inoti JA
Location:Mombasa
Other Citations:K C K v. Republic [2016] eKLR

JUDGMENT OF THE COURT

In the morning of 20th April 2006 the appellant, in fit of rage stormed the home of his paternal uncle demanding that his uncle refunds him some money. As his uncle was not at home he turned the fury on the uncle’s wife, the deceased. The deceased who had just returned home from tilling her farm was resting under a tree with her daughter in-law when the appellant moved close and picked the hoe from her as he demanded to be told where his uncle was. Sensing danger the deceased left the homestead towards the chief’s office, perhaps for protection, with the appellant in pursuit. Behind them was PW2. But the appellant upon noticing PW2 chased her away. As she ran, PW2 screamed, attracting some villagers, including PW3 and PW6. According to them they saw the appellant with a hoe in his hand standing over the body of the deceased which had severe deep cut injuries on the head and arm. There was no evidence of how these injuries were inflicted. But from the concatenation…

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