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Nelson Pesa v. Republic

(2015) JELR 105112 (CA)

Court of Appeal  •  Criminal Appeal 99 of 2014  •  23 Oct 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor



1. This appeal is premised on two grounds only, namely, that the appellant's plea was equivocal and that the appellant was not supplied with copies of witness statements, charge sheet, investigation diary, P3 form, treatment chits and other relevant documents to enable him prepare a proper defence.

On those grounds, the appellant's counsel urged the court to quash the conviction and set aside the death sentence that was passed against the appellant and instead order a retrial.

2. The appellant had been convicted by the Senior Resident Magistrates' Court in Vihiga on a charge of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death as by law prescribed.

3. The appellant's first appeal to the High Court at Kakamega was unsuccessful, hence this second and final appeal. On such an appeal, this Court's jurisdiction is limited to a consideration of matters of law only, see section 361 (1) of the Criminal Procedure Code.

4. The evidence t…

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