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(2007) JELR 105242 (CA)

Court of Appeal  •  Criminal Appeal 268 of 2000  •  26 Jan 2007  •  Kenya

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



This is the first and last appeal by Fundi Reuben Ngala who was convicted by the superior court (Ouko, J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It had been alleged in an Information filed by the Attorney General that the appellant had on the 21st day of December, 2002 at Saba Saba village in Vitengeni Location within Kilifi District of the Coast Province murdered Festus Kazungu Wara (hereinafter “the deceased”). Upon his conviction, the appellant was sentenced to suffer death as by law provided.

Although the appellant has raised some six grounds in his memorandum of appeal which he drew up in person, and learned counsel for him Mr. Kadima was prepared to argue them, the matter that takes primacy and was raised by the Court is the conduct of the trial with the assistance of assessors. This is a matter that this Court has examined many times in the past and we are disturbed that some superior court Judges, merc…

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