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George Bundi M'rimberia v. Republic

(2007) JELR 105073 (CA)

Court of Appeal  •  Criminal Appeal 352 of 2006  •  18 May 2007  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



GEORGE BUNDI M’RIMBERIA, the appellant, was after trial convicted on two counts of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death by the Chief Magistrate at Meru. His first appeal to the High Court of Kenya at Meru (Lenaola and Sitati, JJ) was dismissed on 26th January, 2006 and hence this second and final appeal.

The prosecution relied upon the following facts. Godfrey Njue (PW1), a Mombasa businessman, was at his home in Kiirua area at midnight on 10th September, 2003 when his dogs started barking. He woke up and looked up whereupon he saw a man standing near his father’s house, which is within the same compound as PW1’s house. He screamed but the robbers nevertheless broke in, entered the house, placed a pistol on his head and robbed him of cash Kshs.16,600/-. PW1 saw that the robbers were six in number. As they left the house, PW1 peered through the window and by means of moonlight he claimed to have recognized the ap…

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