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Hassan Mohammed Namwiba v. Republic

(2014) JELR 105368 (CA)

Court of Appeal  •  Criminal Appeal 237 of 2012  •  24 Jan 2014  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai



The appellant, Hassan Mohammed Namwiba, has filed this second appeal against the conviction and sentence of death by the Chief Magistrate (R. Nyakundi) on a charge of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge were that on the 19th day of October, 2009 at Lusumu sub-location, Bunyala West Location in Central Kakamega District of Western Province, jointly with another at large, while armed with a panga and a knife, robbed Constant Sifuna Kuloba of one unregistered motor cycle make TVS valued at Kshs. 90,000/= and that immediately before the time of such robbery used actual violence to the said complainant. The first appeal was heard by the High Court (Said J. Chitembwe and B. Thuranira Jaden, JJ) who found no merit in it and disallowed it. The appellant was dissatisfied with that findings and filed this appeal through the Memorandum of Appeal filed by his counsel M/s Ashioya and Company Advocates.

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