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(2007) JELR 100376 (CA)

Court of Appeal  •  Criminal Appeal 267 of 2006  •  26 Jan 2007  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji



KARISA WARA, the appellant herein, was tried before Ouko, J. sitting with the aid of assessors at the High Court of Kenya at Malindi on an Information charging him with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. At the conclusion of his trial and after the learned trial Judge had summed-up the case to the three assessors, all of them returned a unanimous verdict of not guilty to the charge. However, by his judgment dated and delivered on 30th November, 2005, the learned Judge disagreed with the verdict of the assessors, found the appellant guilty of murder and proceeded to sentence him to death as provided under section 204 of the Penal Code. We have already pointed out the impropriety of not giving an accused person convicted of an offence carrying a mandatory death sentence the right to move a motion in arrest of judgment or why sentence should not be imposed as by law required - see KENGA FOTO MANGI v. REPUBLIC, Cr…

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