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Ruth Wanjiku Kamande v. Republic

(2020) JELR 98419 (CA)

Court of Appeal  •  Criminal Appeal 102 of 2018  •  6 Nov 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. The appellant RUTH WANJIKU KAMANDE appeals to this Court against the conviction and sentence of death imposed on her by the High Court at Nairobi (Lesiit, J.) for the murder on 20th September, 2015 of Farid Mohamed Halim hereinafter referred to as “the deceased”.

2. The prosecution called a total of 15 witnesses. The appellant gave an unsworn statement of defence and denied having committed the offence as charged. The trial court convicted the appellant and sentenced her to death as by law prescribed. Being dissatisfied with the said conviction and sentence, the appellant proffered an appeal to this Court. At the hearing of the appeal, the appellant was represented by Prof. Githu Muigai SC, while the respondent was represented by Mr. Hassan, Assistant Director of Public Prosecutions.

3. Being the first appellate court, this Court is enjoined to re-evaluate, re-assess and re-examine the evidence that was tendered before the trial court and arrive at its own conclu…

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