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CHARO KENGA SHIKARI
V.
REPUBLIC

(2021) JELR 113593 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL NO. 19 OF 2016
Judges:STEVEN GATEMBU KAIRU, JA A. MBOGHOLI-MSAGHA, JA PAULINE NYAMWEYA, JA
Location:Mombasa

JUDGMENT

1.The Appellant herein, Charo Kenga Shikari, was charged with the murder of Haluwa Shikari on 2nd June 2011 at Okote Village in Chengoni Location in Kwale County. The Appellant took plea on 8th June 2011 where his response was recorded as ‘it is true’. The trial nevertheless commenced before Hon. Justice G. Nzioka on 2nd May 2012, who heard four prosecution witnesses, and was presided over by Hon. Justice M. Muya from 17th June 2013, who heard one prosecution witness and the Appellant’s defence. The Judge found that the prosecution had proved its case beyond reasonable doubt, and convicted the Appellant of the offence of murder in a judgment delivered on 9th December 2015. The Appellant was consequently sentenced to suffer death.

2.The Appellant, being dissatisfied with the said conviction and sentence, has proffered this appeal by a memorandum of Appeal accompanied by four grounds of Appeal. As this is a first appeal, the duties of this Court are set out in the case of Okeno v…

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