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David Githui Weru v. Republic

(2010) JELR 102866 (CA)

Court of Appeal  •  Criminal Appeal 227 of 2008  •  14 May 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

The appellant, David Githui Weru, was on 5th October, 2006 convicted by the Principal Magistrate’s Court at Karatina (P.C. Tororey) of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death. The evidence at the trial court was that on 22nd February, 2005 at about 10.30 p.m. Daniel Kingori Muchiri (PW1), the complainant, left the Impala Bar in Karatina. As he walked towards the taxi park, he was accosted by five people, who began to pound him with blows using their hands and “weapons”. He could not describe the nature of the weapons used immediately. As he struggled with one of the five men, he fell down and continued to hold this one person by his neck, and never let go of him. In the process he suffered injury to his left eye, leg, fingers, and back. He screamed for help, as he held on to this one person, until help arrived. The “help” was a police officer Pc. Francis Kimur (PW2), who was having dinner in a near…

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