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Bernard Kaguma Wamunyu v. Republic

(2011) JELR 105715 (CA)

Court of Appeal  •  Criminal Appeal 194 of 2007  •  8 Apr 2011  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu



In the trial Court of the Senior Principal Magistrate, at Kiambu, the appellant, Bernard Kaguma Wamunyu was found guilty after a trial and was convicted for the offence of robbery with violence contrary to section 296(1) of the Penal Code and sentenced to death. Dissatisfied with the verdict he appealed to the superior court but his appeal was dismissed. The appellant has therefore come to this Court by way of a second and final appeal.

The background facts of the prosecution case were that on the night of 18th July 2002 the complainant (PW1) and his wife, PW2 were asleep in their house at Githioro Village, near Sasini farm, in Kiambu District, when a group of about eight people broke into the complainant’s house, switched on the lights inside the house, demanded money and in the process assaulted the complainant in an episode which took ten to twenty minutes. The complainant testified that the appellant was one of his attackers. The appellant was well known to the…

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