Customer Support

THOYA KITSAO
V.
REPUBLIC

(2015) JELR 96305 (CA)

Court of Appeal 4 Dec 2015 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal123 of 2014
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Malindi
Other Citations:Thoya Kitsao v. Republic [2015] eKLR

JUDGMENT OF THE COURT

In this first appeal, the appellant, Thoya Kitsao alias Katiba, who was convicted for the offence of murder and sentenced to death by Meoli, J. on 6th September 2014, challenges his conviction and sentence on three grounds; firstly that the trial court erred by convicting him on evidence that, due to its contradictions and inconsistencies, could not prove the offence beyond reasonable doubt; secondly by acting on his inadmissible confessions made to private citizens, contrary to sections 25 and 26 of the Evidence Act; and lastly by failing to consider his defence of provocation arising from his belief that the deceased was a witch.

According to the information upon which he was prosecuted and convicted, the appellant murdered Kambizi Mwaro Mbaya (deceased) on the night of 6th and 7th January 2012 at Majaoni Village, Tezo Location of Kilifi County. Both the deceased and the appellant were fellow villagers at Majaoni. At the material time, Maalim Omar Katana Salim (P…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.