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Christopher Nyoike Kangethe v. Republic

(2010) JELR 103178 (CA)

Court of Appeal  •  Criminal Appeal 306 of 2005  •  19 Feb 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

CHRISTOPHER NYOIKE KANGETHE, the appellant, was on 8th May 2003 convicted by the Senior Resident Magistrate at Nairobi of three counts of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. His first appeal to the High Court of Kenya at Nairobi (Lesiit and Makhandia JJ) was dismissed and hence this second and final appeal.

The evidence adduced by the prosecution in the trial court was to the following effect. Manfula Kana (PW1) and her two employees Geoffrey Kijedi (PW2) and Richard Musala (PW3) were in PW1’s shop known as Wakefield Trading Company along the busy Moi Avenue, Nairobi, when at about 4.30 p.m. they saw three men enter the shop. The men posed as genuine customers and started enquiring about different items on display.

Suddenly, a person the witnesses identified as the appellant removed a gun from his waist and pointed it at PW1 and demanded money. Trembling she opened the cash box and the robbers scooped the cash i…

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