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MOSES NDANU KIMANI
V.
REPUBLIC

(2024) JELR 111966 (CA)

Court of Appeal 24 May 2024 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL NO. E096 OF 2023
Judges:ALI-ARONI, JA L. ACHODE, JA J. MATIVO, JA
Location:Nairobi

JUDGMENT OF THE COURT

1. This is the first appeal arising from the judgment of Hon Meoli J delivered on 4th February 2019 at Kiambu in High Court Criminal Case No. 58 of 2016. The appellant had been arraigned in court on an information of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars in the information stated that on 20th September 2014, at Githunguchu Location, Gatundu South sub-county, the appellant murdered Doris Muthoni Maina.

2.  Briefly, the case before the trial court was that PW1 Boniface Kamau Kimani, was at home with his father PW2, on 20th September 2015, at about 9.00 am, when they heard screams from a neighbour’s compound, about 15 meters away. They ran to the compound and found the neighbour’s daughter screaming that she had been stabbed. She was trapped between the water tank and a sink, with her hair caught in the Kei apple fence. She had a stab wound near her waistline from which blood was trickling into her trousers. She inf…

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