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EWN V. REPUBLIC

(2020) JELR 102588 (CA)

Court of Appeal  •  Criminal Appeal 122 of 2018  •  24 Apr 2020  •  Kenya

Coram
William Ouko Sankale ole Kantai Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63) Laws of Kenya. The particulars of the offence were that between the months of September 2014 and 30th October 2014 in Kasarani within Nairobi County she murdered TWN.

The appellant who was tried by Lessit, J. was convicted and sentenced to death in a judgment delivered on 8th May, 2017. Being dissatisfied with those findings the appellant has filed this appeal premised on Supplementary Grounds of Appeal drawn on her behalf by her lawyer, Ratemo Oira and Co. Advocates and filed in this Court on 20th February, 2019. These grounds may be summarised as follows: that there was no evidence led by the prosecution to establish identification of the appellant as the person who murdered the deceased; that conviction was based on doubtful evidence which was in any event, not evaluated; that the trial Judge erred in law and fact by relying on circums…

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