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(2019) JELR 98774 (CA)

Court of Appeal  •  Criminal Appeal 94 of 2006  •  10 May 2019  •  Kenya

Erastus Mwaniki Githinji, James Otieno Odek, Agnes Kalekye Murgor



1. The appellant, Musyoka Maingi Nguli, was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The Information is that on 8th December 1997 at Yanzonga village in Machakos he murdered Lucia Mutio Wambua. After trial, the appellant was found guilty and sentenced to death. Aggrieved, the appellant has lodged the instant appeal against conviction and sentence.

2. The appeal has severally been listed for hearing before this Court. Firstly on 1st March 2017, then on 2nd October 2017, further on 4th October 2017 and finally today on 4th February 2019. In each instance, the scheduled hearing did not take place as the original Charge Sheet/Information before the trial court was and is not on record. By an order dated 1st March 2017, this Court directed the Prosecution to avail a copy of the Information/ Charge Sheet upon which the trial proceeded at the High Court. By letter dated 7th November 2018, the Office of Director of Public Pros…

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