SAID KUPATA MWAKOMBE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Said Kupata Mwakombe was on 10^th December, 1999 committed to the High Court for trial for the offence of murder by the Principal Magistrate Malindi under section 234 of the Criminal Procedure Code (CPC). That section formed part of Part VIII of the CPC providing for committal proceedings. The whole of Part VIII of the CPC was repealed by Act No. 5 of 2003 thus abolishing the committal proceedings procedure. Upon the committal of the appellant the Attorney General filed an Information charging the appellant with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge stated that on 16^th March, 1995 at Kisumu Ndogo village Malindi the appellant murdered MAPENZI MUKOKA (deceased). The appellant was tried by the superior court (Khaminwa – Commissioner of Assize – as she then was) with the aid of assessors, convicted as charged and sentenced to suffer death on 16^th June, 2003.

The appellant ap…