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Joseph Angole v. Republic

(2018) JELR 100738 (CA)

Court of Appeal  •  Criminal Appeal 86 of 2015  •  17 May 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] Joseph Angole (hereinafter referred to as the appellant), was tried and convicted by the High Court (J. R. Karanja, J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was sentenced to serve 30 years imprisonment.

[2] Being dissatisfied, he lodged an appeal in person against his conviction and sentence raising 11 grounds. Before the hearing of the appeal commenced, Mr. Miyienda who appeared for the appellant in the appeal filed supplementary grounds of appeal in which 10 grounds were raised. These were the grounds that were argued during the hearing of the appeal.

[3] The grounds raised include: that no medical evidence was adduced to prove the cause of death; that the appellant was convicted on mere suspicion as there was neither direct nor circumstantial evidence adduced against him; that during the trial, the mandatory provisions of section 200 CPC were not complied with; that written submissions were admitted …

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