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MOHAMED SUDI SAID
V.
REPUBLIC

(2022) JELR 113370 (CA)

Court of Appeal 21 Jan 2022 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL 33 OF 2021
Judges:SG KAIRU, JA A MBOGHOLI-MSAGHA, JA P NYAMWEYA, JA
Location:Mombasa

JUDGMENT

  1. The appellant, Mohamed Sudi Said, was arraigned before the High Court at Mombasa on a charge of murder contrary to Section 203 as read with 204 of the Penal Code. The particulars set out in the information were that on 10th June, 2014 at Manyatta area, Likoni, within Mombasa County, the appellant murdered Sheikh Mohamed Idris Mwamlatso. The appellant pleaded not guilty to the charge and a trial followed. At the conclusion of the trial, the learned judge found the appellant guilty, convicted him for murder and thereafter sentenced him to suffer death.

  2. Aggrieved by the conviction and sentence, the appellant lodged the instant appeal through a memorandum of appeal dated 26th April 2021. The grounds of this appeal are that the learned judge erred in fact and in law in:

    a. Convicting the appellant while relying on weak, tenuous, unbelievable and discredited informer evidence allegedly connecting the appellant to the possession of the alleged murder weapon.

    b. Convicting the appellant …

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