MOHAMED SHIRAZ HUSSEIN V. REPUBLIC
(1995) JELR 104536 (CA)
Court of Appeal
•
Criminal Appeal 70 of 1990
•
16 Nov 1995
•
Kenya
Coram
Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, John Mwangi Gachuhi
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">Mohamed Shiraz Hussein, hereinafter “the appellant” appeals to this court against his conviction on a charge of murder which conviction was recorded against him by the late Abdullah, J on 25<sup>th</sup> May, 1990. The appellant had been tried before that learned Judge sitting in Nairobi with the aid of assessors on an information that had alleged that on 5<sup>th</sup> December, 1987 at Pangani in Nairobi, the appellant murdered Zainab Essah Shiraz, hereinafter “the deceased”, consequent upon the convictor the appellant was sentenced to death as is mandatorily required by law and he appeals to the Court upon six grounds, namely that:-</p><p>The learned Judge erred in convicting him of the offence of murder in the absence of any evidence establishing malice aforethought on the part of the appellant:</p><p>The learned Judge erred in convicting the appellant on retracted and / or repudiated confessions without due corroboration of such statement by other independent evidence:</p><p>The learned Judge erred in…</p>