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Republic v Nyamu & another (Criminal Case 20 of 2018) [2025] KEHC 4599 (KLR) (7 March 2025) (Judgment)

[2025] KEHC 4599 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4599
Citation
[2025] KEHC 4599 (KLR)
Decided
7 March 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from the original trial outcomeCoramLW GITARI, Lord Heward
Holding

The court found the accused guilty of murder.

Facts

The accused, Aulencia Kathambi Nyamu and Dennis Kibaki, were charged with murder for assaulting and killing Johana Kathuri on September 23, 2018. The prosecution alleged that the accused caused the death due to severe head injuries, while the defense denied the charge.

Issues

  1. Proof of death
  2. Cause of death
  3. Unlawful act or omission
  4. Malice aforethought

Reasoning

The court found that the deceased died due to severe head injuries caused by the accused's unlawful act of assault, and the accused had malice aforethought.

Outcome

Guilty

Authorities cited

Legislation (2)
  • Section 203 of the Penal Code
  • Article 26(1)(2)(3) of the Constitution
Cases cited (1)
  • R. v. Jaycor weaver and Donouan (1928) Cr. Apl. R 21
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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