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Nathan Muhanga v. Republic

(1992) JELR 98587 (CA)

Court of Appeal  •  crim app 39 of 91  •  5 Mar 1992  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdul Majid Cockar, Joseph Raymond Otieno Masime

Judgement

JUDGMENT OF THE COURT

The appellant Nathan Muhanga was tried and convicted on an information charging him with murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged against the appellant that on the 7th day of March, 1989, at 3p.m. at Eldume village of Marigat Location, Baringo District, he murdered Nolmae Lelkisio, the deceased. Upon his conviction, the appellant was sentenced to death as is the mandatory requirement of the law. He now appeals to this Court against the conviction.The appellant himself filed his own memorandum of appeal containing three grounds but a separate memorandum of appeal containing four grounds was filed on his behalf by his advocates and it is the latter grounds which were argued before us by Mr. Onduso who has represented the appellant throughout the proceedings.

On the material brought before the Superior Court, there was no dispute that the deceased died at the Nakuru Provincial Hospital and that the cause of her death wa…

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