HAMIDA DARA V. REPUBLIC

JUDGMENT OF THE COURT

Following her trial before the High Court in Malindi (Omondi J), the appellant herein Hamida Dara, was on 12^th May, 2010 convicted for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, and was sentenced to suffer death. The appellant is now before us on this first, and probably not the last, appeal to challenge both conviction and sentence on seven grounds listed in a memorandum of appeal drawn and filed in person, and a supplementary memorandum of appeal filed by his advocate Mr. Hamza Adan Omar. Mr. Omar, however, consolidated those grounds into two main grounds which we shall examine shortly.

The Information filed by the Attorney General on 28^th April, 2008 stated that the appellant on 17^th day of April, 2008 at Nyumba Tano area in Malindi Township within Malindi District of Coast Province murdered Emmanueli Dino. The prosecution called twelve witnesses to prove the charge and the appellant gave an unsworn statement in her…