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…The facts of the case, according to the outline narrated by the senior state counsel and the mitigation preferred by the appellant's advocate, were these.…

…The appellant's advocate stated Olaga went for the appellant with the mattock first and the appellant repeats this in his memorandum of appeal. Otherwise the facts were agreed.…

…After listening to the submissions of the appellant’s then advocate Mr. Gekonge, on whether the appellant had a case to answer on the charge of murder, the learned Judge called upon the appellant to defend himself.…

…On the latter date the learned Judge’s record shows that the appellant’s advocate was not present in court as “Advocates are on strike.” The matter was again adjourned to 7th November, 2007 for mention.…

…He must have been notified of the result of his appeal either by his advocate or his wife. He states that his lawyer did not lodge notice of appeal on time due to other commitments.…

…The advocate for the appellants said each admitted all the facts outlined by the provincial State Counsel which amounted to manslaughter.…

…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…