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Chengo Nickson Kalama v. Republic

(2015) JELR 105101 (CA)

Court of Appeal  •  Criminal Appeal 33 of 2013  •  4 Dec 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



On 25th October, 2013, the High Court at Malindi (Meoli, J.) convicted the appellant for the offence of murder contrary to Section 203 of the Penal Code and surprisingly but illegally sentenced him to fifteen (15) years imprisonment. Not satisfied by both the conviction and sentence, the appellant on 30th October, 2015 lodged an appeal in this Court by submitting a memorandum of appeal. He faulted the judgment of the High Court on the basis that the circumstantial evidence used to convict him was conspirational and uncorroborated; that the assault on the deceased and who committed it was not established since that investigations in the case were shoddy and casual; that the case against the appellant was not proved beyond reasonable doubt; that the prosecution did not tender in evidence the postmortem report and medical treatment notes showing the hospital where the deceased was treated and therefore the ingredients of the offence of murder were not proved; and fin…

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