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…