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(2007) JELR 105289 (CA)

Court of Appeal  •  Criminal Appeal 275 of 2006  •  16 Mar 2007  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji



The appellant was convicted by the Senior Resident Magistrate, Kibera for the offence of attempted robbery with violence contrary to section 297 (2) of the Penal Code and sentenced to death. His first appeal to the superior court against conviction and sentence was dismissed. This is therefore, a second appeal.

On 16th January, 2002, at about 7.30 p.m. five robbers raided the home of the complainant Peter Muturi at Ongata Rongai. The complainant was inside the house with his wife Josephine Nyokabi and their child. The electricity lights were on. The robbers who were armed with pangas ordered the complainant to produce money. When the complainant said that he had no money, he was slapped and told to lie down. The child started crying and the complainant’s wife started screaming. The robbers panicked. The complainant tried to rise up but he was cut with a panga on the back of the head, face and on the knee. The complainant held one of the robbers who was identified a…

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