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Isaiah Mutuma Alias Duncan Murithi v. Republic

(2013) JELR 105455 (CA)

Court of Appeal  •  Criminal Appeal 49 of 2006  •  22 Nov 2013  •  Kenya

Paul Kihara Kariuki, William Ouko, Philomena Mbete Mwilu



Isaiah Mutuma, the applicant, was after his trial and upon being convicted sentenced to death for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.

His first appeal to the High Court was dismissed, conviction and sentence upheld on 8th March 2005. He then preferred this appeal challenging the decision of the High Court. That appeal was filed in 2006 and todate it has not been heard on account of the state of the record. The following events will explain the problem.

On 11th October, 2006, this Court noted that the record of appeal did not contain the appellant’s statement under inquiry which was produced in evidence before the trial court and further that various documents on the record were not legible especially the charge sheet.

On 18th March, 2009, the Court's notice was drawn to the fact that there were missing pages in the record held by both the appellant's advocate and the Senior State Counsel. In addition, the court observed t…

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