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(2006) JELR 105438 (CA)

Court of Appeal  •  Criminal Appeal 189 of 2002  •  5 May 2006  •  Kenya

Samuel Elikana Ondari Bosire JA Philip Nyamu Waki JA William Shirley Deverell JA



The appellant JOHN KIVUVA MBUVI, appeals to this Court against his conviction by the superior court (Mbogholi-Msagha, J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It had been alleged in an Information filed by the Attorney General on 5th February 1998, that the appellant, jointly with others not before the court, had on the night of 16th and 17th September, 1992 at Pangani Estate, Nairobi murdered Mohamed Omar Rajput. Upon his conviction on 25th April, 2002 he was sentenced to suffer death as by law provided. Apparently there was earlier Information filed by the Attorney General on the same facts soon after the appellant’s arrest in September 1994 but the trial was terminated before O’Kubasu J (as he then was) in 1998 before the fresh Information was filed. That explains the delay between the arrest of the appellant and the conviction he now challenges.

As this is a first appeal, we are duty bound to reconsider t…

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