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HAMPHREY WANYAMA V. REPUBLIC

(2018) JELR 101676 (CA)

Court of Appeal  •  Criminal Appeal 49 of 2017  •  8 Nov 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] The appellant was convicted by the Chief Magistrate’s Court of the offence of robbery with violence contrary to Section 296(2) of the Penal Code and sentenced to death.

He appealed against the conviction and sentence to the High Court but the appeal was dismissed in its entirety.

[2] On 3rd August, 2015, the appellant filed a memorandum of appeal in person raising four grounds of appeal. The four grounds relate to conviction. Thereafter this Court assigned Mr. Miyienda, a counsel to represent the appellant.

[3] On 19th March, 2018, the appellant’s counsel filed a supplementary memorandum of appeal in accordance with Rule 65(2) of the Court of Appeal Rules which provides:

“An advocate who has been assigned by the Chief Justice or the Presiding Judge to represent an appellant may within fourteen days after the date when he is notified of his assignment and without requiring the leave of the Court, lodge a memorandum of appeal on behalf of the appellant as supplement…

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