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Charles Maina Wamai v. Republic

(2003) JELR 103283 (CA)

Court of Appeal  •  Criminal Appeal 71 of 2002  •  9 May 2003  •  Kenya

Coram
Johnson Evan Gicheru, Effie Owuor, Richard Otieno Kwach

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gicheru CJ, Kwach and Owuor JJ A)

CRIMINAL APPEAL NO 71 OF 2002

CHARLES MAINA WAMAI ................APPELLANT

VERSUS

REPUBLIC.........................................RESPONDENT

(Appeal from the judgment of the High Court of Kenya at Nyeri

(Juma and Mitey, JJ) dated 2nd May 2002 in HC Cr Appeal

No 248 of 2000)

JUDGMENT

Charles Maina Wamai, the appellant, was originally charged and tried before the Senior Resident Magistrate’s Court at Nanyuki jointly with two other persons, with four counts of robbery with violence contrary to section 296(2) and two counts of shop breaking and committing a felony contrary to section 306(a) of the Penal Code. The appellant was convicted on three of the counts of robbery with violence and both the counts of shop breaking. He was accordingly sentenced to death as well as serve an imprisonment sentence of one year and to receive 2 strokes of the cane on each of the shop breaking counts. His co-accused persons were both acquit…

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