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Probably the most important judgment of 2013 is October’s appeal decision in Joseph Mwaura v Republic. A five-judge Court of Appeal overruled its own previous 2010 decision, Godfrey Mutiso v Republic, where it had declared the mandatory death penalty for murder unconstitutional. The Mutiso court had been guided by a plethora of authorities from Zambia, Uganda, England and various West Indies nations.
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