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Michael Nderitu Mwangi v. Republic

(2019) JELR 99099 (CA)

Court of Appeal  •  Criminal Appeal 403 of 2009  •  22 Feb 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Wanjiru Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is a first appeal from the conviction and sentence of the appellant, Michael Nderitu Mwangi, who was tried by the High Court of Kenya, Nairobi, for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars in the information were that the appellant murdered Ann Nyambura Kamande on the 30th day of May, 2009 at Eastleigh within Nairobi area. Nine prosecution witnesses were called in support of the case and when it was found that he had a case to answer, the appellant gave an unsworn statement.

The learned Judge who heard the case (Lesiit, J) in the Judgment delivered on 18th December, 2009 found that the charge had been proved beyond reasonable doubt as required and the appellant was convicted and sentenced to death. The appellant was dissatisfied with those findings and filed this appeal which is premised on the homemade “Memorandum Grounds of Appeal” filed on 28th February, 2017 where five (5) grounds are set out. Th…

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