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David Kuria Mwarangu v. Republic

(2014) JELR 102827 (CA)

Court of Appeal  •  Criminal Appeal 98 of 2005  •  14 Mar 2014  •  Kenya

Coram
Paul Kihara Kariuki, William Ouko, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

1. DAVID KURIA MWARANGU, hereinafter referred to as the appellant, was, on the 26th April, 2001 found guilty and convicted of the charges of robbery with violence contrary to the provisions of section 296(2) of the Penal Code and for wearing the uniform belonging to the Armed Forces not being an exempted person or without the permission of the Minister or other lawful authority contrary to the provisions of section 184(1) of the Penal Code. For the latter offence he was sentenced to serve a term of imprisonment of one year while on the former he was sentenced to suffer death as by law provided. The High Court, confirmed that position at the appellant’s first appeal to that court.

The appellant had also faced the charge of rape but the two courts below neither convicted nor acquitted him of the said charge.

2. The appellant being aggrieved has preferred this second appeal and in his home-made “Petition” of Appeal raised some six grounds of appeal, four of which were …

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