KAINGU MWAGANDI MUMBA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Kaingu Mwagandi Mumba, was convicted of the murder of his wife, Sidi Kahindi Bade, on the 16th day of August 1994 at Majivuni Village, in Sabaki Sub-location, Malindi Location within Kilifi District of the Coast Province. He was in the event sentenced to death.

In arguing this appeal, Mr. Mungatana for the appellant raised two main grounds, namely the fact that, the defence of provocation was raised but was never considered and, secondly, the fact that the summing up by the learned trial Judge (Ang'awa J) was not properly done and hence this occasioned failure of justice.

On our own part we would say that it has not been a pleasant exercise going through the record as the evidence was recorded in a rather haphazard manner and hence it was a question of trying to

put together all that was said by the witnesses in order to understand what went on during the trial. From our own careful assessment of the recorded evidence, we find that the appellant's conv…