MOHAMED HASSAN OSMAN V. REPUBLIC

JUDGMENT OF THE COURT

Mohamed Hassan Osman, the appellant herein comes to this court by way of a second appeal. The superior court had, by its judgment dated and delivered on 30^th April 2007, dismissed the appellant’s appeal to that court from the conviction and sentence of death imposed on him by a Senior Resident Magistrate at Mombasa on 19^th May 1999. It would appear that the appellant had appealed against the conviction to the superior court; that the first appeal was dismissed by that court and a second appeal to this court allowed his appeal but ordered a rehearing by the High Court. The present judgment of the High Court is, therefore, that court’s second biting at the cherry and the present appeal before us marks the second time the appellant is before this court.

Be that as it may, the appeal being a second one, the court can concern itself only with matters of law. Mr. Francis Kadima argued the appellant’s appeal before us. He appeared to argue the issue of identification of t…