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Kennedy Hamisi Isigoli v. Republic

(2019) JELR 100183 (CA)

Court of Appeal  •  Criminal Appeal 38 of 2018  •  20 Feb 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Kennedy Hamisi Isigoli (hereinafter the appellant) was arraigned before the Chief Magistrate’s Court at Mombasa on 15th August, 2011 to answer two counts of robbery with violence contrary to section 296 (2) of the Penal Code. Subsequently another count of assault causing actual bodily harm contrary to section 251 of the penal code was added.

2. He denied all the charges and the matter went to full hearing with the prosecution calling a total of five witnesses. At the conclusion of the trial before the trial magistrate, which was characterised by unusual inexorable and intransigent display of unruliness and rudeness by the appellant culminating in his defiantly walking out of the court room at one point. He was found guilty, convicted and sentenced to death.

3. He appealed against conviction and sentence before the High court on grounds that he was not availed services of an interpreter (he did not say into which language); his identification was not proper in tha…

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