HESHIMA BEBEWA V. REPUBLIC

JUDGMENT OF THE COURT

HESHIMA BEBEWA was charged with the murder of MUDATA MWAMUMBO which occurred in the morning of the 7th day of February, 1989, at Nunguni Village, Mwereni Location in Kwale District of Coast Province. The superior court (Waki J.) made a special finding that Heshima unlawfully killed Mudata but was insane when he did so. The learned Judge then directed that the case shall be reported for the order of the President.

The appellant has through his counsel, Mr. Ole Kena appealed against the superior court's special finding and subsequent orders on eight grounds which we need not reproduce here. The prosecution set out to establish beyond reasonable doubt that the appellant was suffering from mental disturbance. Evidence was adduced from six witnesses to prove the prosecution's case. The post-mortem report as to the cause of death was not produced in evidence because the learned Judge would not receive it unless it was produced by the maker who had since left the jurisdi…