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(2011) JELR 105696 (CA)

Court of Appeal  •  Criminal Appeal 50 of 2007  •  4 Mar 2011  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki, John walter Onyango Otieno



ALI MLAKO MWERO, (Mwero) the appellant before us, was convicted by Mombasa Senior Resident Magistrate, L. Achode on 25th July, 2000 for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. It had been alleged in the charge sheet laid before that court in CM. Cr. Case No. 2175/99, that:

“On the night of 21st and 22nd April, 1999 at about 4.00 a.m. at Mwalughanje Gate – Kinango Location in Kwale District within Coast Province, jointly with others not before court; being armed with dangerous weapons namely pangas robbed MESALIM CHARO cash Kshs. 20,450/=, one wrist watch, one radio make sonny all valued at Kshs.25,450/= and at or immediately before or immediately after the time of such robbery, threatened to use actual violence to the said MESALIM CHARO.

Upon the conviction he was sentenced to “suffer death in accordance with the law.”Mwero was dissatisfied with that decision and he filed an appeal to the superior court, H. C. Cr. A. No. 3…

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