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(2007) JELR 105291 (CA)

Court of Appeal  •  CRIMINAL APPEAL 269 OF 2006  •  26 Jan 2007  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno



The appellant in this appeal Charo Katana Kitsao was charged before the superior court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the 2nd day of February, 2000 at Mikuyuni Village in Gorashi Location within Malindi District of the Coast Province, he murdered Ngumbao Kitao Dunda. He pleaded not guilty but after trial, the learned Judge of the superior court (Khaminwa, J.) found him guilty, convicted him and sentenced him to death according to law. He was not satisfied with that conviction and sentence and moved to this Court on appeal citing six grounds which he filed in person. Later, he was represented by a firm of Advocates namely, Oguk and Company and the firm filed on his behalf supplementary Memorandum of Appeal in which four grounds were cited. For the purposes of this judgment, we view the third ground of appeal in the Supplementary Memorandum of ap…

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