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DAVID WAIGANJO WAINAINA v. REPUBLIC

(2007) JELR 102978 (CA)

Court of Appeal  •  Criminal Appeal 113 of 2005  •  8 Nov 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant, David Waiganjo Wainaina, was charged in the Senior Principal Magistrate’s Court at Kiambu with two counts. On the first count the appellant was charged with robbery with violence contrary to section 296(2) of the Penal Code; and on the second count the appellant was charged with attempted robbery with violence contrary to section 297(2) of the Penal Code. After a full trial, in which the prosecution called five witnesses, the learned trial Magistrate found that the prosecution had failed to prove the case against the appellant in respect of the first count and consequently acquitted him. However, as regards the second count, the learned trial Magistrate found that the prosecution had proved its case beyond reasonable doubt. Accordingly, the appellant was convicted and sentenced to death as provided by law. The appellant was aggrieved by the conviction and sentence, and consequently lodged an appeal in the superior court. The superior court considere…

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