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Daniel Nzioka & Simon Maina v. Republic

(2019) JELR 102889 (CA)

Court of Appeal  •  Criminal Appeal 121 of 2017  •  27 Mar 2019  •  Kenya

Coram
Sankale ole Kantai, Fatuma sichale, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

Daniel Nzioka (the 1st applicant) was the 1st accused while Simon Maina (the 2nd applicant) was the 2nd accused in Criminal Case No. 32 of 2012 at the High Court of Kenya, Embu, where a charge of murder was laid against them. They were tried and convicted by Muchemi, J, in a judgment delivered on 2nd August, 2017, and were sentenced to death. They lodged a notice of appeal on 3rd August, 2017 and a record of appeal to this Court followed being Nyeri Criminal Appeal No. 121 of 2017. Two similar applications said to be brought under various articles of the Constitution and other laws followed where the applicants pray in the main:

“THAT leave be granted to the Appellant to have the proceedings in Siakago Criminal Case No. 589 of 2012 Republic versus Daniel Nzioka Mbuthi and Simon Maina Njiru and the Occurrence book report of 27th December, 2011 to be produced in this Appeal to be part of the record of appeal”.

An application for bail pending appeal was abandoned at the …

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