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David Mundia Onkoba v. Repubic

(1992) JELR 104941 (CA)

Court of Appeal  •  Criminal Appeal 41 of 1990  •  14 Dec 1992  •  Kenya

Coram
Johnson Evan Gicheru, Abdul Majid Cockar

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gachuhi, Gicheru and Cockar JJ A)

CRIMINAL APPEAL NO 41 OF 1990

BETWEEN

DAVID MUNDIA ONKOBA .......................................APPELLANT

AND

REPUBLIC..............................................................RESPONDENT

(Appeal from a judgment of the High Court of Kenya at Nairobi (Porter and Mbaluto, JJ) dated 17th November, 1989

in

HCCRA No 325 of 1989)

********************

JUDGMENT

This appeal arises from the dismissal of the appellant’s appeal to the Superior Court against a conviction and the mandatory sentence of death that was imposed following his plea of guilty before the Principal Magistrate to a charge of robbery with violence contrary to section 296(2) of the Penal Code.

Briefly the facts are that on 8th September, 1986, the appellant pleaded not guilty before the Principal Magistrate to count No 1 of robbery with violence contrary to section 296(2) of the Penal Code, and count No 2 of causing grievous harm. Hearing was fixed for 28 and 29…

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