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Wanjala v Republic (Criminal Appeal E073 of 2021) [2025] KECA 2298 (KLR) (19 December 2025) (Judgment)

[2025] KECA 2298 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
2298
Citation
[2025] KECA 2298 (KLR)
Decided
19 December 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the judgment of the High Court of Kenya at BungomaCoramKIMARU, Riechi
Holding

The High Court's judgment convicting the appellant of murder was upheld.

Facts

The appellant, Oliver Nyongesa Wanjala, was charged with murder for allegedly attacking and killing Moses Lubano Musabasi on December 8, 2018, at Ndengelwa village in Bungoma County. The prosecution alleged that the appellant and others armed with pangas and wooden clubs attacked the deceased, causing multiple injuries and death.

Issues

  1. Whether the appellant committed murder beyond reasonable doubt.
  2. Whether the sentence imposed was lawful and proportionate.

Reasoning

The prosecution proved the death of the deceased and the cause thereof, the appellant's presence at the scene, and the excessive injuries inflicted, leading to the conclusion that the appellant committed murder beyond reasonable doubt.

Outcome

Affirmed

Authorities cited

Legislation (1)
  • Penal Code
Cases cited (1)
  • Republic v Tebere s/o Ochan
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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