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Sango Mohamed Sango & Sofia Swaleh Hassan v. Republic

(2015) JELR 93967 (CA)

Court of Appeal  •  Criminal Appeal 1 of 2013  •  4 Dec 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

On 12th April 2013, the High Court (Meoli, J.), in exercise of its original criminal jurisdiction, convicted and sentenced the two appellants, Sango Mohamed Sango (1st appellant) and Sofia Swaleh Hassan (2nd appellant), to death for the offence of murder. Aggrieved by the decision, they lodged the current first appeal and invited us, on the basis of five grounds of appeal which we shall consider shortly, to find that their conviction was based on errors of fact and law and to allow the appeal, quash the conviction and set aside the sentence. The respondent thinks otherwise and contends that the conviction and sentence was well founded, merited and unimpeachable.

The information upon which the appellants were tried and convicted charged them with the murder of Salim Omar Said (deceased) on 2nd February 2011 at Ngongoni Market in Magarini District, Kilifi County. Also charged jointly with them was one Ali Mohamed Sango, a brother of the 1st appellant, who the trial c…

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