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Shadrack Mbaabu Kinyua v. Republic

(2013) JELR 96543 (CA)

Court of Appeal  •  Criminal Appeal 163 of 2011  •  3 Oct 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellant was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The Information is that on the 4th day of November 2006 at Chugu location in Meru Central District within Eastern Province murdered Eric Munene Kinyua. The appellant was tried, convicted and sentenced to death by the High Court. He has now appealed to this court.

By a supplementary memorandum of appeal, the appellant raises five grounds to wit:

That the learned Judge erred in law in finding the appellant guilty as charged on the basis of a dying declaration that had no basis.

That the learned Judge erred in law in finding the accused guilty as charged on the basis of voice recognition which was not free from error.

That the learned Judge erred in law in failing to make a finding that the evidence adduced by the prosecution was contradictory and inconsistent and thus not safe to convict.

That the learned trial Judge erred in law and fact in failing to critically ana…

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