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Collins Akoyo Okwemba & 2 others v. Republic

(2014) JELR 103128 (CA)

Court of Appeal  •  Criminal Appeal 684 of 2010  •  24 Jan 2014  •  Kenya

Daniel Kiio Musinga, Jamila Mohammed, Patrick Omwenga Kiage



The three appellants herein had their first appeals to the High Court dismissed by Mbogholi Msagha and F.A. Ochieng, JJ, in a judgment delivered on 22nd November 2011. The said appeals had been against their conviction on some eight counts of robbery with violence contrary to S296(2) of Penal Code and the sentences of death imposed thereafor by the Nairobi Chief Magistrate’s court (T. Okelo, SRM) on 19.6.06.

The appellants filed some separate but identical grounds of appeal in person dated 29th November 2011 by which they raised the following grievances;

That the learned High Court Judges failed to analyze and reevaluate the evidence afresh thereby occasioning a failure of justice.

That the learned Judges of the High Court failed to observe that various provisions of law had been violated in respect of the appellants trial namely; Section [Article] 50 (2) (b) and 159(2) of the 2010 Constitution and Sections 14(3), 137(c), 329 and 169 of the Criminal Procedure Code.


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