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David Nguru Kinyua v. Republic

(2009) JELR 102793 (CA)

Court of Appeal  •  Criminal Appeal 312 of 2008  •  6 Nov 2009  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu



On 21st April, 2005, a Senior Resident Magistrate at Nanyuki convicted David Nguru Kinyua, the appellant herein, on one count or robbery with violence contrary to section 296 (2) of the Penal Code. The Magistrate then proceeded to sentence the appellant to death. The particulars of the charge on which he was so convicted and sentenced were that on 24th September, 2004, at Nyaringino Nanyuki area in Laikipia District of the Rift Valley Province, with another not before the court the appellant robbed Peter Marunga Kinyua of cash Shs.2,230/= and one jacket valued at Shs.300/= and that at or immediately before or immediately after the time of the robbery the appellant used actual violence to the said Peter Marunga Kinyua. The appellant appealed against his conviction and sentence to the superior court; that court, (Kasango and Makhandia, JJ.) by its judgment dated and delivered at Nyeri on 22nd May, 2008, dismissed the appeal against the conviction and confirmed the s…

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