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Bernard Irandisi Shireesi & Michael Otongo Luyo v. Republic

(2010) JELR 105716 (CA)

Court of Appeal  •  Criminal Appeal 198 & 258 of 2007  •  24 Sep 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu



The two appellants herein, Bernard Irandisi Shiresi and Michael Otong’o Luyo, were jointly charged in the Chief Magistrate’s court at Kibera in Nairobi with robbery with violence contrary to section 296(2) of the Penal code.

The prosecution case was that, the appellants who were in a group of six invaded Neighbour’s Bar, Kawangware on the night of 3rd May 2000 and about 10.30 p.m. while armed with knives and robbed Alfred Njuguna (PW1) of his wallet containing Kshs.5,200 and 21 US dollars and at the time of the robbery, beat Alfred Njuguna. After a full trial, they were convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code and both appellants were sentenced to suffer death in accordance with the law.

Dissatisfied with the verdict, the appellants appealed to the superior court but on 9th November, 2004, the superior court upheld both conviction and sentence in relation to the appellants whereupon the appellants lodged an appea…

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