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(2014) JELR 105707 (CA)

Court of Appeal  •  Criminal Appeal 63 of 2013  •  5 Feb 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



The appellant faced the charge of robbery with violence contrary to Section 296(2) of the Penal Code. The trial magistrate convicted and sentenced him to death. His appeal to the High Court was dismissed (Lessit and Kasango JJ). He has now lodged a second appeal before this Court.

There are two succinct grounds of appeal stateda in his memorandum of appeal dated 23rd December, 2013. These are:

That the High Court erred in law in dismissing the appeal before it without satisfying itself that the plea was properly taken in accordance with the law.

That the trial was flawed in law from the very onset as the particulars of the charge and every ingredient thereof were not read and explained to the appellant.

At the hearing of the appeal, learned counsel Mr. Muia Mwanzia appeared for the appellant while the State was represented by the Assistant Director of Public Prosecution Mr. Job Kaigai.

Counsel for the appellant reiterated the grounds of appeal and emphasized that takin…

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