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Daniel Karuma alias Njaluo v. Republic

(2015) JELR 105388 (CA)

Court of Appeal  •  Criminal Appeal 157 of 2014  •  25 Sep 2015  •  Kenya

Coram
John Wycliffe Mwera, Hannah Magondi Okwengu, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] Daniel Karuma alias Njaluo who is the appellant before us was tried and convicted by the Chief Magistrate at Thika Law Courts for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to suffer death as by law prescribed. Being dissatisfied, he appealed against his conviction and sentence to the High Court. His appeal was dismissed by the High Court sitting at Nairobi (Ogola and Kamau, JJ). Undeterred the appellant has now come before us with this second appeal seeking to have his conviction quashed and sentence set aside. He filed his initial grounds of appeal in person, but subsequently an advocate, Ms Judith Ekin, who was assigned a pauper brief to represent him, filed supplementary grounds of appeal.

1. During the hearing of the appeal Mr Mogikoyo who was assigned the pauper brief after Ms Ekin withdrew from the appeal, abandoned the initial grounds and argued the appeal based on six factors raised in the suppleā€¦

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