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Ahmed Golicha Galma v. Republic

(2019) JELR 106256 (CA)

Court of Appeal  •  Criminal Appeal 7 of 2017  •  6 Aug 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Ahmed Golicha Galma, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The information stated that, on the 11th November 2002 at Kiamaiko village within Nairobi area, he murdered Galgalo Abduba, the deceased. He was subsequently tried, convicted and sentenced to death by the High Court.

The appellant was dissatisfied with the High Court’s judgment and has brought this appeal on grounds that, the proceedings were flawed and a nullity because the learned judge failed to indicate the language of the court; that the learned judge erred in convicting the appellant on the basis of contradictory and conflicting evidence and also failed to evaluate the entire evidence; that the learned judge did not appreciate that the P3 form specified that there was a struggle between the appellant and the deceased which caused the appellant to suffer injuries; that the court convicted the appellant on the evidence o…

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