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NICHOLAS MUTURI CHIANDE V. REPUBLIC

(2014) JELR 95879 (CA)

Court of Appeal  •  Criminal Appeal 109 of 2013  •  28 Nov 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, George Benedict Maina Kariuki, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant Nicholas Muturi Chiande was arraigned before the High Court of Kenya Nairobi vide Criminal case Number, 44 of 2008 with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap.63 laws of Kenya. The particulars of the charge read that on the 2nd May 2008 at Kibera Laini saba slums within Nairobi area murdered Mule Muli. He denied the charge.

2. The prosecution called a total of eight (8) witnesses, while the appellant was the sole witness for the defence. In a judgment delivered by Fred A. Ochieng, J on the 8th day of November, 2012 the appellant was found guilty of the offence of murder as charged, convicted and sentenced on 29th November, 2012 to the only sentence prescribed by the law for this offence, namely death.

3. The appellant was aggrieved by that decision. He appealed to this Court, in person citing six grounds of appeal in a home made memorandum of appeal lodged on the 18th day of December, 2012. These…

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