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Ayub Ombaka Masime v. Republic

(2018) JELR 105912 (CA)

Court of Appeal  •  Criminal Appeal 127 of 2014  •  7 Dec 2018  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Kathurima M'inoti



Ayub Ombaka Masime, the appellant, was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were that on the 11th October 2006 at about 10.45pm at the Nyalenda “B” Sub Location in Kisumu District of the former Nyanza Province, the appellant, jointly with others not before the court, robbed Zakaria Maope Nyambasi of his identity card, one biro pen and Kshs. 150, all valued at Kshs 160, and immediately before or immediately after the robbery he used actual violence on Zakaria Maope Nyambasi (Maope), PWI.

The trial magistrate convicted and sentenced the appellant to death as prescribed by law upon finding that the offence of robbery with violence was proved beyond reasonable doubt. The appellant was dissatisfied with the decision, and appealed to the High Court (Mwera and Karanja, JJ), which upheld the conviction and sentence of the trial court.

The appellant now prefers an appeal to this Court …

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