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(2009) JELR 94054 (CA)

Court of Appeal  •  Criminal Appeal 108 of 2006  •  29 May 2009  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



This is a first appeal. The appellant Nyamai Mwengea (hereinafter referred as the appellant) was, in an information dated 30th day of January 2004 charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that:-

“On the 15th day of February 2001 at Mwangeni Market Kituti sub-location, Athi location in Kitui District of the Eastern Province, murdered Paul Mwendwa Kisangi.”

He pleaded not guilty but after trial with the aid of assessors (as the law then provide), the superior court (Wendoh J.) found him guilty as charged, convicted him and sentenced him to death. He was dissatisfied with that conviction and sentence and hence this appeal before us. He had earlier on filed six grounds of appeal in person, but when his advocates took over the conduct of the appeal, the firm of advocates filed supplementary memorandum of appeal citing four grounds which are as follows:-

“1. The learned Judge e…

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