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Lady Justice Angela J Chemutai was appointed as the resident Judge of Kathonzweni High Court on 6 February 2025. She presided over a murder case involving two accused who laced a drink with a lethal substance, resulting in the death of the victim, and both were convicted and sentenced to death by firing squad. The convicts have now instructed for an appeal against their conviction and sentence.

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11 views3 pages

PLEAS-practical question

Lady Justice Angela J Chemutai was appointed as the resident Judge of Kathonzweni High Court on 6 February 2025. She presided over a murder case involving two accused who laced a drink with a lethal substance, resulting in the death of the victim, and both were convicted and sentenced to death by firing squad. The convicts have now instructed for an appeal against their conviction and sentence.

Uploaded by

raphaelimani2001
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PLEAS-

Assignment to be attempted individually

The Honorable Lady Justice Angela J Chemutai was appointed on 6


February 2025 as a resident Judge in charge of Kathonzweni High
Court station. Before her recent appointment to the bench, the
Honorable Lady Justice J Chemutai had worked her way in the
corporate world, for the 30 years preceding her appointment,
establishing herself as a leading authority, consultant and
practitioner on company mergers and acquisitions. Upon her
appointment, she reported to her new work station and realized
that she was the only Judge in the entire Kathonzweni County. All
criminal and civil trials were brought before her for disposal.

On 2 March 2025 a criminal matter came up before her. The


recorded proceedings were as follows:-

“Coram

Presiding Honorable Lady Justice J CHEMUTAI.

Court Clerk:- Chege Kimathi

Accused person:- present

Substance of the information read to the accused.

Statement of Offence

Murder Contrary to Section 203 of the Penal Code Cap 63

Particulars of the Offence

Maureen Kenson and Fatunator Christiana on 29 February 2025 in


Nairobi County Mpaka Road Westlands District of the said Nairobi
County at Facepak Bar and Discotheque jointly caused the death
of Med Noma by giving him an adulterated drink of an alcoholic
beverage called Reeds which drink was laced with a sedative.

Accused No.1 answer to the information….yes we gave her the


drink.

Principal State Counsel:- the facts of the case are that on 31 July
2024 at Facepak Bar and Discotheque the second accused person
who had been trying to have a relationship with the deceased
went with the deceased on a drinking spree that is ordinarily
called ‘club hopping’. Club Hopping entails moving from bar to
bar, drinking, smoking and generally having what is characterized
as ‘fun’. After a night of hopping from bar to bar, it became
apparent to the accused persons that the deceased was not
willing to take alcohol and possibly get drunk. However, the 2 nd
accused person convinced the deceased to take a soda, Fanta
Orange. With the aid of the 1st accused person, who was the bar
attendant on duty at Facepak Bar, the 2nd accused person paid for
the drink then signaled the 1st accused to lace the drink with
chairophylisistic, a known and commonly available anti histamine
used to treat allergy but which when mixed with Fanta Orange
causes drowsiness and generally impairs judgment of persons
who consume it. The said anti histamine had been hidden in a
cupboard during the day. Unknown to the 1st accused, at about
6.00 pm while the cleaner was cleaning the bar in readiness for
the night shift, she placed at the spot where the anti histamine
had been kept a substance called polonium. Polonium is very
lethal and was placed in the cupboard to kill rats that had invaded
Facepak bar from the neighboring Kwa Mwende Slums. It is
polonium that was inadvertently dropped by the 1 st accused
person in the deceased’s drink causing the deceased’s death.
That is all your honor. You may treat the accused persons as first
offenders.
Accused No.1 yes we did what the Principal State Counsel has
just described.

Court:- Accused persons convicted on their own plea of guilt and


accordingly sentenced to die by firing squad to be constituted by
the Commandant of the General Service Unit at Embakasi in
Nairobi.

Dated 4 April 2025”

You are now instructed by the convicts to prepare the necessary


instrument and documentation of appeal to appeal against the
conviction and sentence. Prepare the necessary papers.

With the help of relevant authorities, each Firm member should


be ready to argue for and against the appeal.

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