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D A M, Geofrey Muhanda Felix & Christopher Ndusi Khalumba v. Republic

(2014) JELR 104968 (CA)

Court of Appeal  •  Criminal Appeal 248 of 2012  •  9 May 2014  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai



D A M (hereinafter “the 1st “appellant") Geofrey Muhanda Felix (hereinafter “the 2nd “appellant") and Christopher Ndusi Khalumba (hereinafter “the 3rd “appellant") were, charged with five (5) counts of robbery with violence contrary to Section 296 (2) of the Penal Code. They also faced alternative counts of handling stolen property contrary to section 322 (2) of the same code. After a trial spanning a period of over a year they were acquitted of the 1st count of robbery with violence but convicted on four (4) principal counts of robbery with violence. They were then sentenced to death but the sentences on counts 3, 4 and 5 were left in abeyance.

Their first appeals to the High Court of Kenya at Kakamega (Onyancha and Lenaola JJ.) were dismissed on 25th January, 2012 and hence this second appeal

The particulars of the 2nd count were that on the 1st day of March, 2009 at Bishop Stam in Kakamega Central District of Western Province, the appellants, jointly with others…

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