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Felix Shikutwa Andalo v. Republic

(2015) JELR 98358 (CA)

Court of Appeal  •  Criminal Appeal 261 of 2011  •  5 Feb 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The appellant, Felix Shikutwa Andalo, was convicted of murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to life imprisonment. He now comes to this Court appealing against that conviction (by Lenaola, J). There were originally three accused persons but two: Felix Shikokoti Misikhu (2nd accused) and Patrick Mutelwa Ismondi (3rd accused) were acquitted by the High Court. There were originally two grounds of appeal but when the appeal came up for hearing before us on 11th November, 2014 Mr. Owino, learned counsel for the appellant, decided to argue them as one that the learned Judge erred in both law and fact by convicting the appellant when the evidence on record clearly showed that the prosecution had failed to prove its case beyond reasonable doubt.

The facts upon which the appellant was convicted were straightforward. They were given by Geoffrey Shalo (PW1) (Shalo), the deceased’s grandchild and Celestine Munanga (PW2) (Munang…

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