judy.legal
Login Register

Bernard Mwenga Wilson v. Republic

(2016) JELR 105706 (CA)

Court of Appeal  •  Criminal Appeal 56 of 2016  •  4 Nov 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

[1] Bernard Mwenga Wilson, the appellant, was charged in the High Court at Nairobi with the offence of murder contrary to section 203, as read with section 204 of the Penal Code. The particulars of the offence were that on the 28th day of October, 2007, at Mlolongo Market within Embakasi Division, of the then Nairobi Province, now Nairobi County, the appellant murdered Catherine Mbete (hereinafter "the deceased"). He pleaded not guilty but after a full trial he was found guilty, convicted and sentenced to death. It is against that conviction and sentence that he now appeals. His learned counsel, Mr. Nyende, listed six (6) grounds of appeal in the supplementary memorandum of appeal he filed on 16th June, 2016. At the hearing of the appeal, however, learned counsel condensed the said grounds into two broad issues, namely that the charge of murder was not proved beyond reasonable doubt and that the appellant's fair trial rights were violated by the High Court.

[2] Beiā€¦

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login