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Jacob Kimathi Kaberia v. Republic

(2006) JELR 105361 (CA)

Court of Appeal  •  Criminal Appeal 174 of 2005  •  4 Aug 2006  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell



The appellant, Jacob Kimathi Kaberia, was convicted by the Principal Magistrate Nyeri for the offence of robbery with violence contrary to section 296 (2) of the Penal Code and was sentenced to death as mandatorily provided by the law. His appeal to the superior court was dismissed and he comes before us on a second appeal.

The facts of the case may be briefly stated: The complainant, Joyce Muthenya M’Imana (PW1) was a maize and beans trader in Kangeta Market in Meru North District. She was asleep in her house on 1st November, 2001 when at about 1.00 a.m. she heard dogs barking. On opening the curtains of her bedroom, she saw, through the moonlight shining outside, a gang of about 20 people. She started screaming for help and just then a gun-shot rang out and the outer door was smashed open with a big stone. The bedroom door was also cut open with an axe and some five people burst in demanding Kshs.300,000/-. They spoke in Kimeru and Kiswahili. She was cut on her l…

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