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Henry Karanja Muiri v. Republic

(2013) JELR 105465 (CA)

Court of Appeal  •  Criminal Appeal No. 384 Of 2010  •  20 Dec 2013  •  Kenya

Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Stephen Gatembu Kairu



This appeal is by HENRY KARANJA MUIRU against the judgment of the High Court (Lesiit, J.) on 16th September 2010 by which the appellant was convicted and sentenced to death for the murder on 1st November 2008 of JESSE GITAU KABIRU and KEZIAH WAIRIMU KARATU.

In challenging the conviction and sentence, the appellant’s advocates M/s Wandugi and Co. have filed a Supplementary Memorandum of Appeal raising some eighteen grounds of appeal. With all due respect, we find it necessary to state, as we have done on many occasions in the recent past, that it is critical that counsel re-acquaint themselves with the legal requirements for memoranda of appeal. The controlling notion, as captured in Rule 64(2) of the Court of Appeal Rules is conciseness which is best obtained by focus and brevity. The sub rule is simple and mandatory;

“(2) the memorandum of appeal shall set forth concisely and under distinct heads numbered consecutively, without argument or narrative, the grounds of…

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