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Isaiah Maroo v. Republic

(2015) JELR 105456 (CA)

Court of Appeal  •  Criminal Appeal 331 of 2012  •  23 Jul 2015  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



The appellant Isaiah Maroo has appealed to this Court against the dismissal by the High Court (Muga Apondi and J. Makau JJ) of his first appeal thereto against a conviction and sentence of death imposed on him by the Maua Senior Principal Magistrate’s Court on a charge of robbery with violence contrary to Section 296(2) of the Penal Code.

Both courts below found as proved the prosecution case that the appellant had on 29th June 2008 at Kamumi Location of Igembe District of the then Eastern Province robbed one Charles Mutura Njau (Charles) of some Ksh.5,000. The appellant was in the company of another person who managed to escape. The two were armed with dangerous weapons namely pangas. They also threatened to use actual violence on Charles during that robbery thus satisfying several of the elements of the offence, although one would have sufficed.

Charles’ testimony, which the courts below concurrently accepted, was that he was leaving Njung’a Market to his home in …

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