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DUNCAN WAHOME WAMAE v. REPUBLIC

(1998) JELR 102956 (CA)

Court of Appeal  •  CRIMINAL APPEAL NO. 57 OF 1991  •  17 Jul 1998  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

On the 18th March, 1987, Duncan Wahome Wamae, the appellant, was convicted by the then Nyeri Principal Magistrate, Omondi Tunya, Esq. on two counts of robbery with violence contrary to section 296 (2) of the Penal Code and following upon the two convictions, the appellant was sentenced to suffer death in the manner authorised by law. The particulars of the charges upon which the appellant was convicted had stated that during the evening of 16th February, 1985 at about 8.30 p.m. at Oltarakwai Farm, Naro-Moru, in Nyeri District, the appellant jointly with others not before the court robbed John Robert McReady (count one) and Ann McReady (count two) of various sums of money and other items and that at or immediately before or immediately after the time of such robbery, the appellant and his confederates had used personal violence on the McReadys.It was common ground that during the robbery, Mr. McReady was done to death by his attackers. Mr. Kiage, who ably argued th…

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