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ANTONY NJERU KATHIARI & ANOTHER v. REPUBLIC

(2007) JELR 106033 (CA)

Court of Appeal  •  Criminal Appeal 21 & 23 of 2007  •  2 Nov 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The two appellants before us, namely Antony Njeru Kathiari and John Mugo Njeru were tried and convicted on a total of six counts of robbery with violence contrary to section 296 (2) of the Penal Code and upon their so being convicted by the Senior Resident Magistrate at Kerugoya (W. N. Njage, Esq.) they were each sentenced to death as provided by the law. They unsuccessfully appealed to the High Court (Juma and Ombija, JJ) which dismissed their appeals on 8th October, 2003. They now come before us by way of a second appeal. Mr. Orinda, learned Principal State Counsel, did not seek to support the convictions recorded against the appellants and in view of this Court’s previous decisions, Mr. Orinda is certainly right in conceding the appeals. Way back in 1985 this Court, in the case of DIBA WAKO KIYATO v. REPUBLIC (1982-1988) 1 KAR 1974 held that:-

“It is a fundamental right in Kenya, whatever the position is elsewhere, that an accused person is entitled to the assis…

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