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Andrew Ndambuki Muthike v. Republic

(2002) JELR 106101 (CA)

Court of Appeal  •  Criminal Appeal 108 of 2000  •  13 Dec 2002  •  Kenya

Coram
Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire, Effie Owuor

Judgement

JUDGMENT OF THE COURT

This is a second appeal from the decision of the High Court of Kenya at Nyeri. The appeal before the High Court was lodged by two appellants, Andrew Ndambuki Muthike and David Mbogo Bundi. When the appeal came on for hearing, Bundi the second appellant in that court withdrew his appeal when he was warned that in the event his appeal against conviction was unsuccessful the sentence of imprisonment could be set aside and be substituted by the mandatory death sentence as the facts disclosed an offence contrary to Section 296(2) of the Penal Code. Andrew Ndambiri Muthike, the appellant now before us, decided not to withdraw his appeal. His appeal there was dismissed and the sentence of imprisonment was declared illegal. He was then sentenced to suffer death. He is now therefore before this Court.

There were two accused persons in the Senior Resident Magistrate’s court at Kerugoya, that is, Bundi and Muthike. They were charged with 5 counts, two being those of robbery w…

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