Wambugu v Republic (Criminal Appeal 118 of 2020) [2023] KECA 764 (KLR) (22 June 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 764
- Citation
- [2023] KECA 764 (KLR)
- Decided
- 22 June 2023
The court finds that the prosecution proved all the ingredients of the offence of murder to the required standard and the learned judge was right in so finding. The appeal against conviction is dismissed. The death sentence remains constitutional and the trial court complied with the requisite sentencing requirements, thus the appeal against sentence is also dismissed.
Facts
On April 20, 2005, the appellant, Francis Mbogo Wambugu, was charged with the murder of his son, Jadiel Wambugu Mbogo, at Bahati Estate Area, Nairobi County.
Issues
- Whether the offence of murder was proved beyond a reasonable doubt.
- Whether malice aforethought was established under section 206.
Reasoning
The prosecution's evidence, including the post-mortem report and circumstantial evidence, was sufficient to establish the appellant's guilt. The court found that the appellant had the intent to kill his son, and the death sentence was constitutional.
Outcome
Appeal dismissed
Orders
- The appeal against conviction is dismissed.
- The appeal against sentence is dismissed.
Authorities cited
Legislation (2)
- Penal Code
- Constitution of Kenya 2010
Cases cited (2)
- Francis Karioko Muruatetu (supra)
- Muruatetu case
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