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Republic v Charles Kalunge [2015] KEHC 1127 (KLR)

[2015] KEHC 1127 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1127
Citation
[2015] KEHC 1127 (KLR)
Decided
6 November 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from the original trial outcomeCoramR.P.V. WENDOH
Holding

The accused is found guilty of murder.

Facts

The accused, Charles Kalunge, is alleged to have murdered M M on 18/1/2009 at Kibera Trading Centre. The prosecution called 6 witnesses, including PW1, PW2, PW3, PW4, and PW5, while the accused testified on his own behalf.

Issues

  1. Whether the accused had the necessary malice aforethought to be found guilty of murder.
  2. Whether the accused was the aggressor in the incident.

Reasoning

The prosecution proved that the accused hit the deceased on the head twice with a jembe stick, causing his death. The evidence shows that the accused was the aggressor and had the necessary malice aforethought.

Outcome

Guilty of murder

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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