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Sole Gale Sole & another v. Republic

(2009) JELR 95121 (CA)

Court of Appeal  •  Criminal Appeal 311 of 2008  •  30 Oct 2009  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno



SOLE GALE SOLE and JOHN BUNGE CHENGO, the appellants, were on 5th December, 2008 jointly convicted by the High Court of Kenya at Meru (Emukule, J.) of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. According to the Information filed by the Attorney General on 3rd September, 2003, the appellants and two others whose appeals have abated under rule 68 (i) (a) of the Court’s Rules on account of their demise after conviction were alleged to have jointly with others not before court murdered Magasha Wolde, the deceased, on 4th March, 2003 at Dakarbaricha Location in Marsabit within the Eastern Province. This is their first and final appeal.

This appeal has greatly caused us a lot of concern. The court record shows that the appellants were arrested and detained at Marsabit Police Station on 5th March, 2003. However, they were not brought before any court until 4th September, 2003 when they were taken before Mulwa, J. at t…

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