Kanyake v Republic (Criminal Appeal 48 of 2019) [2025] KECA 1102 (KLR) (20 June 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1102
- Citation
- [2025] KECA 1102 (KLR)
- Decided
- 20 June 2025
The court finds the appellant's conviction for murder to be safe and declines to reduce the sentence.
Facts
The appellant, Hezekiah Njoroge Kanyake, was charged with murder of Daniel Parseli Kiminta on July 13, 2012, at Enasampurai area of Naivasha Municipality. The prosecution presented six witnesses, including the deceased's cousin, who testified that the appellant attacked the deceased with a knife.
Issues
- Whether the trial court erred in convicting the appellant of murder.
- Whether the sentence imposed by the trial court was excessive.
Reasoning
The court finds that the appellant acted with malice aforethought and that the prosecution proved beyond reasonable doubt that the appellant murdered the deceased. The court also notes that the trial court considered the appellant's mitigation and the period already spent in custody before sentencing him to 30 years in prison.
Outcome
Appeal dismissed
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