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Hussein Ibrahim Rassa & Dida Jirma v. Republic

(2002) JELR 103908 (CA)

Court of Appeal  •  Criminal Appeal 16 of 2001  •  13 Dec 2002  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

Dida Jirma (Jirma) and Hussein Ibrahim (Ibrahim) , the appellants in this appeal, were convicted by the Principal Magistrate at Kibera of robbery with violence contrary to section 296(2) of the Penal Code on an indictment which alleged that on 31st July,1995 at Kabiria Village in Nairobi, with others not before the court, they robbed Sophia Nyakio of Shs.5,200/= using violence. In count two on the same date and place, it was alleged that they robbed George Kariuki of Shs.17,100/= using violence. They were sentenced to death. Their appeals to the High Court against conviction and sentence were dismissed on 29th October 1998 , and they now bring this second appeal to this Court.

The evidence led at the trial was that on 31st July, 1995 at about 8:30 p.m., Sophi a Nyakio (P.W.1.) , her cousin Hezron Kabiru (P.W.2.) and her brother-in-law George Kariuki (P.W.7.) (Kariuki) were returning home in a pick up driven by Kariuki after Sophia had closed her shop. When the veh…

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