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(2009) JELR 95258 (CA)

Court of Appeal  •  Criminal Appeal 483 of 2007  •  29 May 2009  •  Kenya

Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



The appellant, Samson Wafula Wanasuna, was convicted by the superior court (Sergon, J.) on one count of murder contrary to section 203 as read with section 204 of the Penal Code. The Information on murder was surprisingly amended on 30th June, 2004, more than six years after the Attorney General had filed the first Information on 19th May, 1999, after the appellant’s arrest on 21st January, 1998. The learned Judge was understandably livid when the prosecution sought an adjournment to substitute the Information and he stated:

“I have perused the record. It is clear that the accused was arrested on 21.1.98 and the current charge sheet was drawn and signed on 19.5.99. In shock the accused has been in custody for a period of 6 1⁄2 years. The charge sheet sought to be substituted has been in existence for a period of 5 years. The evidence of 5 witnesses had been taken in support of the defective charge before the Hon. Mr. Justice Mitey before he was retired.

This matter …

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