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Kenga Charo Hinzano v. Republic

(2014) JELR 105138 (CA)

Court of Appeal  •  Criminal Appeal 30 of 2011  •  3 Apr 2014  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



The appellant, Kenga Charo Hinzano was charged with the offence of murder contrary to section 204 of the Penal Code. The particulars of the information were that on the 9th day of October, 2010 at Msongoleni Village in Malindi Township within Kilifi County, he murdered Hassan Kahindi Gona. The appellant pleaded not guilty to the information.

The trial then proceeded before H.A. Omondi, J. who on 26th October, 2011 found the appellant guilty of the information. However for reasons that are not readily apparent on the record, the judgment was delivered on her behalf on 2nd December, 2011 by Meoli, J. who proceeded to mete out the sentence of DEATH as by law prescribed. The appellant was dissatisfied with the conviction and sentence hence this appeal. He filed the following five grounds of appeal:-

“1. That the high court Judge did not consider that the dying declaration evidence relied (sic) by the high court Judge was not proved to the required standard of law hence …

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