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Republic v Bernard Kauwiria Miriti & 2 others [2017] KEHC 1829 (KLR)

[2017] KEHC 1829 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1829
Citation
[2017] KEHC 1829 (KLR)
Decided
11 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from the original trial outcomeCoramLESIIT, Lesiit, Ombija
Holding

The court found no evidence of common intention between the accused persons and dismissed the charges.

Facts

The deceased was found dead on a foot path within Kibera. PW1, a witness, testified that the 1st accused, Bernard Kauwiria Miriti, ordered mogacha drink for the deceased and later escorted her to her workplace.

Issues

  1. Common intention
  2. Circumstantial evidence

Reasoning

The prosecution failed to adduce evidence of common intention and circumstantial evidence was not cogently established.

Outcome

Appeal dismissed

Authorities cited

Legislation (2)
  • Penal Code
  • Criminal Procedure 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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