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MOHAMED SHIRAZ HUSSEIN
V.
REPUBLIC

(1995) JELR 104536 (CA)

Court of Appeal 16 Nov 1995 Kenya
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Case Details

Suit Number:Criminal Appeal 70 of 1990
Judges:Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, John Mwangi Gachuhi
Location:Nairobi
Other Citations:Mohamed Shiraz Hussein v. Republic [1995] eklr

JUDGMENT OF THE COURT

Mohamed Shiraz Hussein, hereinafter “the appellant” appeals to this court against his conviction on a charge of murder which conviction was recorded against him by the late Abdullah, J on 25th May, 1990. The appellant had been tried before that learned Judge sitting in Nairobi with the aid of assessors on an information that had alleged that on 5th December, 1987 at Pangani in Nairobi, the appellant murdered Zainab Essah Shiraz, hereinafter “the deceased”, consequent upon the convictor the appellant was sentenced to death as is mandatorily required by law and he appeals to the Court upon six grounds, namely that:-

The learned Judge erred in convicting him of the offence of murder in the absence of any evidence establishing malice aforethought on the part of the appellant:

The learned Judge erred in convicting the appellant on retracted and / or repudiated confessions without due corroboration of such statement by other independent evidence:

The learned Judge erred in…

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