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JOHN ANDABWA V. REPUBLIC

(1996) JELR 104763 (CA)

Court of Appeal  •  Criminal Appeal 8 of 1995  •  1 Mar 1996  •  Kenya

Coram
Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>On 24<sup>th</sup> day of October, 1991 the appellant John Andabwa killed Elizabeth Chepchumba and her son Kiptanui Kibor. In a repudiated confession allegedly made on 8<sup>th</sup> November, 1991 the appellant admitted the two killings. This confession was admitted by the trial judge after a trial within a trial on the basis that it was voluntarily made and was so detailed as to warrant a finding that the same could not have been made up by the recording acting Inspector of Police, one Nelson Musungu.</p><p>During the course of the arguments before us Mr. Konosi, for the appellant, in our view, quite properly, stated that the said confession statement was voluntarily made by the appellant and that what the appellant told the trial judge (R. N. Nambuye J.) by way of an unsworn statement indicating his defence was wrong and that it was probably made under incorrect advice.</p><p>The supplementary memorandum of appeal upon which Mr. Konosi relied sets out grounds of appeal which tend to say that the …</p>

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