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Wardi Yussuf, Ismail Mohamed & Yayha Mohamed v. Republic

(2007) JELR 94119 (CA)

Court of Appeal  •  Criminal Appeal 68 of 2007  •  14 Dec 2007  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The three appellants before us namely Wardi Yussuf Ahmed, Ismail Ahmed Mohamed and Yahya Ahmed Mohamed (the first, second, and third appellants respectively) were arraigned before the superior court at Nairobi on an information dated 18th September, 2003 in which they were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Chapter 63 Laws of Kenya. The particulars of the offence read:

“1. Ismail Ahamed Mohamed, Wardi Yussuf, Yahya Mohamed on the 23rd day of April 2003, at Eastleigh withing (sic) Nairobi Province jointly with others not before the court, murdered Hassan Sheikh Muktar.”

They each pleaded not guilty to the charge but after a full hearing with the aid of assessors in accordance with the law then applicable, the superior court, (Ombijah J.) found them guilty as charged, convicted them and sentenced them to death. We may add here that after the learned Judge summed up the case that was before him to the a…

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