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Benson Kamau Mwangi v. Republic

(2010) JELR 105744 (CA)

Court of Appeal  •  Criminal Appeal 391 of 2006  •  28 May 2010  •  Kenya

Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Erastus Mwaniki Githinji



The appellant was convicted by the Senior Resident Magistrate, Molo of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death. His appeal to the superior court against conviction and sentence was dismissed. By Section 361 (1) of the Criminal Procedure Code (CPC), a second appeal like the instant one should be confined to points of law only. The particulars of the charge alleged that on 18th October, 2003 at Tayari Farm Molo, the appellant jointly with others and being armed with dangerous weapons, namely, home made toy gun, pangas and rungus robbed Margaret Muthoni Mugo (complainant) of Shs.400/=, one centrifuge machine, TV set, three blankets, ten sufurias, six hand bags, mobile phone, wall clock and three mattresses all valued at Shs.43,000/=. The complainant testified at the trial, among other things, that she works at Molo Hospital and resides at Tayari farm; that on the material day at 9.30 p.m. she alighted…

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