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Jeremiah Kiiru Nyambura v. Republic

(2011) JELR 105177 (CA)

Court of Appeal  •  Criminal Appeal 271 of 2005  •  1 Jul 2011  •  Kenya

Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji



Following his conviction, after a trial, for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Jeremiah Kiiru Nyambura, the appellant, was sentenced to death by the superior court (Rawal J.) sitting in Nairobi. He was aggrieved and hence this appeal, which is his first and last appeal.

In his memorandum of appeal and Supplementary Memorandum of appeal the appellant has raised basically four grounds, namely:

(1) The evidence on his identification as the murder suspect was not satisfactory.

(2) The trial Judge erred in law in holding that an alleged dying declaration by the deceased was believable and satisfactory.

(3) The trial Judge erred in rejecting the appellant’s alibi defence.

(4) The appellant’s constitutional right under section 72(3) of the old Constitution was violated.

This being a first appeal the appellant is entitled to expect that we will re-evaluate the evidence which was tendered before the trial court, draw our ow…

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