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DANIEL MORARA MOSE v. REPUBLIC

(2000) JELR 98391 (CA)

Court of Appeal  •  crim app 86 of 00  •  28 Jul 2000  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

The appellant was tried and convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code by the Senior Resident Magistrate's Court at Mombasa and sentenced to suffer death in the manner authorized by law. The statement of the offence with which he was charged was as follows:

"ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296(2) OF THE PENAL CODE",

and the particulars whereof were:

"DANIEL MORARA MOSE:

On the 12th day of February, 1998 at Tononoka area in Mombasa District within Coast Province, while being armed with a knife, robbed RASHIDABNU MOHAMMED HASSAN MANDANI of K.Shs. 2,200/= and at or immediately before or immediately after the time of such robbery, threatened to use actual violence against the said RASHIDABNU MOHAMMED HASSAN MANDANI."

The appellant was unrepresented at his trial in the court of first instance but was represented in his first appeal to the superior court.

The appellant's ground one of appeal in the superior court r…

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