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Julius Mutei Muthama v. Republic

(2011) JELR 100451 (CA)

Court of Appeal  •  Criminal Appeal 213 of 2007  •  18 Mar 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

Upon conclusion of committal proceedings on 24th June 2002 the appellant was on 10th June 2002 committed by the Resident Magistrate to stand trial in the High Court for the offence of murder, contrary to section 203 as read with section 204 of the penal Code.

It was alleged that he murdered one Sophia Wakio Maina on 5th November, 2000 at Korogocho Village Nairobi. After a full trial, the trial court (Rawal, J.) convicted the appellant and sentenced him to death on 17th March 2004. Aggrieved by the verdict of the superior court the appellant filed a memorandum of appeal on 29th March 2004. In addition, the appellant through his counsel, filed a Supplementary memorandum of appeal on 19th January 2011. At the hearing Mr Nyende, learned counsel for the appellant opted to rely wholly on the six grounds raised in the supplementary memorandum of appeal. For reasons which will shortly become apparent and for the purpose of this appeal we consider it sufficient to set out …

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