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Daniel Munuve Munyithya & David Mwanza Mutemi v. Republic

(2014) JELR 102903 (CA)

Court of Appeal  •  Criminal Appeal 23 of 2013  •  4 Jul 2014  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This is a second appeal by DANIEL MUNUVE MUNYITHYA and DAVID MWANZA (the appellants) their first having been dismissed by the High Court (Makhandia J as he then was, sitting with Dulu J) which confirmed their conviction and sentence of death imposed by the Senior Resident Magistrate’s Court at Mwingi for the offence of robbery with violence contrary to section 296(2) of the Penal Code.

The appellants initially filed separate grounds of appeal on documents they each styled “Notice of Appeal” but their learned counsel, Mr. Mutembei, abandoned those and based the appeal on the supplementary memorandum of appeal filed on 12th March 2014 in respect of both appellants. It raises some seven grounds of grievance which can be summarized as follows:-

The prosecution evidence was uncorroborated and insufficient to prove the case against the appellants.

The exhibits allegedly recovered from the appellants were identified by a single witness who was insufficient for the doctrine …

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