judy.legal
Login Register

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

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 29th October and the case was put down for mention on 22nd September, 1986. On that day at the request of the appellant he was re-charged and he pleaded guilty to count No 1 that is to the charge of robbery with violence contrary to section 296(2) of the Penal Code. The Principal Magistrate then informed the appellant of the mandatory sentence of death prescribed for that offence and asked him if he understood tha…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login