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GILBERT KIPKORIR KEMBOI v. REPUBLIC

(2001) JELR 103958 (CA)

Court of Appeal  •  crim app 173 of 00  •  19 Jul 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Bernard Chunga

Judgement

JUDGMENT OF THE COURT

The appellant, Gilbert Kipkorir Kemboi , was, on 2nd February, 2000, convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death as prescribed by law, by B. Maloba , Senior Resident Magistrate at Mombasa. He appealed to the superior court against both the conviction and sentence. His appeal was dismissed by Waki J and Commissioner of Assize Mrs. Khaminwa on 24th May, 2000. He is now in this Court by way of a second appeal.

A German couple Mr. and Mrs. Kroll who were tourists in Kenya were at the material time staying at Bahari Beach Hotel at the North Coast. On 2nd January, 2000 the couple were taking a walk along the beach. After passing the Reef Hotel Mrs. Kroll (P.W.1) saw a young man whom she greeted. Mr. Kroll (P.W.I) was then about 10 meters ahead of her on the beach. Mrs. Kroll was set upon by this person who grabbed her handbag.There was a struggle during which the strap of the handbag broke and the …

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