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Amani Kitsao Mweni v. Republic

(2015) JELR 106849 (CA)

Court of Appeal  •  Criminal Appeal 13 of 2013  •  3 Jul 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] Amani Kitsao Mueni, who is the appellant before us, was tried and convicted by the Principal Magistrate at Mariakani Court for the offence of robbery with violence contrary to Section 296(2) of the Penal Code. He was sentenced to suffer death as provided by law. His appeal before the High Court was dismissed, hence, this second appeal.

[2] The appellant initiated this appeal in person by filing six grounds. Subsequently, Mr. Obaga, learned counsel who appeared for him, filed four supplementary grounds of appeal. In a nutshell, the grounds of appeal fault the judgment of the High Court on three main grounds. That is, the inadequacy of the identification evidence; failure to properly re-analyze and consider the evidence; and failure to consider the appellant’s defence.

[3] In arguing the appeal, Mr. Obaga relying on Abdalla Bin Wendo v. R (1952) EACA 166, as applied in Maitanyi v. Republic (1986) KLR 198 , submitted that although the appellant was convicted on the…

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