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Mutua Mutisya v. Republic

(2008) JELR 98755 (CA)

Court of Appeal  •  Criminal Appeal 43 of 2006  •  29 Feb 2008  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The appellant, Mutua Mutisya, was convicted by the High Court sitting in Machakos (R.V. Wendoh J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on the 5th day of October 2002 at Bondeni village Utithi Location in Makueni District of Eastern Province he murdered Maggy Meki Mutua.

Upon his conviction, the mandatory death sentence was meted out to him and he now comes to us on this appeal.

In his memorandum of appeal which he drew up in person he listed six grounds of appeal which counsel who appeared for him, Mr. D. G. Wachira did not say anything about but instead filed a supplementary memorandum of appeal, as he was entitled to do, under rule 64(2) of the Rules of this Court.

The grounds are that:

“1.The learned Judge of the superior court misdirected herself on essential ingredients of the offence of murder contrary to section 203 as read with section 204 of the Penal Code.

2. The learned Judge of th…

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