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David Mwangi Mugo v. Republic

(2011) JELR 102804 (CA)

Court of Appeal  •  Criminal Appeal 368 of 2007  •  8 Apr 2011  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram



The appellant in this matter abandoned all grounds of appeal filed in his original and undated memorandum of appeal and the supplementary memorandum of appeal filed on 25th May, 2010, and relied only on two grounds of appeal outlined in the further supplementary memorandum of appeal filed by his advocate on 17th February, 2011. These two grounds essentially challenge the legality of sentence and the complaint that the appellant’s defence was not considered by the two courts below.

The appellant was charged and tried before the Chief Magistrate’s Court at Nairobi (Mutoka, PM) for the offence of attempted robbery with violence contrary to section 297 (2) of the Penal Code, and of being in possession of various firearm and ammunition without a firearm certificate contrary to section 4 (2) (a) of Firearms Act. The particulars were that on the 13th day of January, 2001 at Shell Petrol Station along Forest Road in Nairobi, while armed with offensive weapons namely pistol…

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