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Ndungu v. Republic

(1985) JELR 98491 (CA)

Court of Appeal  •  crim app 171 of 84  •  15 Nov 1985  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement

REPUBLIC OF KENYA

Court of Appeal, at Nairobi

Criminal Appeal No 171 of 1984

Ndungu

v.

Republic

(Appeal from the High Court at Nairobi, Butler-Sloss J)

November 15, 1985, Nyarangi JA, Platt and Gachuhi Ag JJA delivered the following

Judgment.

On November 14, 1984 the High Court (Butler-Sloss J) convicted the appellant Benson Nguny Ndungu of the offence of murder contrary to section 203 as read with section 204 of the Penal Code (cap 63) and sentenced him to suffer death in the manner authorized by law. Not surprisingly on September 13, 1985 he appealed to this court against the conviction and sentence by submitting his own supplementary memorandum of appeal which was abandoned by his Advocate, Mr Kamunge, who based the appeal on the following grounds :

1. The Honourable learned trial judge erred in law and in fact in that he failed to appreciate and ascertain the proximate cause of death of the deceased.

2. The Honourable learned trial judge erred in law and in fact in that he accepted the evideā€¦

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