REPUBLIC v LUCY WANGARI MATHENGE [2011] KEHC 3771 (KLR)
- Court
- High Court of Kenya
- Case number
- 3771
- Citation
- [2011] KEHC 3771 (KLR)
- Decided
- 25 February 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction for murderCoramJ. K. SERGON
Holding
The accused's husband is a competent and compellable witness under Section 127(3)(c) of the Evidence Act.
Facts
The accused, Lucy Wangari Mathenge, is charged with the murder of James Maina on April 7, 2009. The prosecution sought to summon the accused's husband as a witness.
Issues
- Whether the accused's husband is a compellable witness under Section 127(3)(c) of the Evidence Act.
- Whether the accused's objection to summoning the husband as a witness is valid.
Reasoning
The court ruled that the accused's husband is a competent and compellable witness because the victim was their child, and the victim was the child of the accused and her husband.
Outcome
The prosecution is granted leave to summon the accused's husband to testify as their witness.
Orders
- The prosecution is granted leave to summon the accused's husband to testify as their witness.
Authorities cited
Legislation (2)
- Evidence Act
- Penal Code
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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