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Benard Lolimo Ekimat v. Republic

(2005) JELR 105504 (CA)

Court of Appeal  •  Criminal Appeal 151 of 2004  •  18 Feb 2005  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



The appellant Bernard Lolimo Ekimat alias Paiya (to whom we shall refer as the appellant in this judgment) was charged in the subordinate court with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were that on 7th day of January, 2002, at Mitume Estate in Trans Nzoia District within Rift Valley province, jointly with another not before court, while armed with dangerous/offensive whips robbed Francis Wandei of one radio cassette make National valued at Kshs.2,200/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Francis Wandei. He pleaded not guilty to the charge and the case came up for hearing before the Senior Resident Magistrate, D. K. Gichuki who after full hearing found the appellant guilty as charged, convicted him and sentenced him to death.

The appellant was dissatisfied with the same conviction and sentence and he appealed to the s…

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