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David Parseen Yiale v. Republic

(2013) JELR 102784 (CA)

Court of Appeal  •  Criminal Appeal 188 of 2011  •  24 Jan 2013  •  Kenya

David Kenani Maraga, Erastus Mwaniki Githinji, Wanjiru Karanja



The appellant was convicted after trial by Resident Magistrate Mombasa for robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death.

The particulars of the offence stated that on 21st June, 2006 at Petrol Oil Company the appellant while armed with an offensive weapon, namely, a hammer robbed Alex Ole Teipan of one mobile phone make Nokia 6310, one wallet containing national identity card, credit card, Kshs.5,000/= and Ushs.60,000 all valued Kshs.35,000/= and at or immediately before or immediately after the time of such robbery used violence to the said Alex Ole Teipan.

The prosecution called nine witnesses at the trial. The complainant Alex Ole Teipan described the encounter with the appellant on two occasions - 16th June, 2006 and 21st June, 2006.

On the first occasion, the appellant went to the complainant’s office and introduced himself saying that he was from Narok and that William Yiale was his uncle. The complainant who comes f…

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