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L W W
V.
REPUBLIC

(2019) JELR 97491 (CA)

Court of Appeal 6 Mar 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 53 of 2017
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:L W W v. Republic [2019] eKLR

JUDGMENT OF THE COURT

[1] The appellant was convicted by the High Court for the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. This appeal is against conviction and sentence.

[2] The particulars of the charge stated in part that the appellant murdered JM (deceased) on the night of 23rd September, 2008. The deceased was aged about 11⁄2 years. He was the son of the appellant. The appellant was the husband of JA (J) who was the 1st prosecution witness. The appellant and Jane had been married for three years. They begot two children a son and a daughter but they separated after three years because of family disagreements. Jane left the matrimonial home with the two children of the marriage. J testified at the trial that on 23rd September, 2008, the appellant sent Olivia and Everlyne to get the deceased; that the two told her that the appellant wanted the deceased; that she took the deceased to the home of the appellant, found the…

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