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James Kamau Waweru v. Republic

(2014) JELR 101170 (CA)

Court of Appeal  •  Criminal Appeal 102 of 2013 (R)  •  14 Mar 2014  •  Kenya

Daniel Kiio Musinga, Jamila Mohammed, Stephen Gatembu Kairu



1. The appellant was charged with two counts of robbery with violence, one count of being in possession of a fire arm without a firearm certificate and one count of being in possession of ammunition without a firearm certificate. After full trial before the Chief Magistrate’s Court at Thika, the appellant was found guilty on all the counts and, in respect of the counts of robbery with violence, he was sentenced to death, whilst for being in possession of a firearm and seven rounds of ammunition, the appellant was sentenced to 10 years’ imprisonment.

2. Being aggrieved by the said conviction and sentence, the appellant preferred an appeal to the High Court (Ochieng and Achode, JJ.). The first appellate court carefully analysed the evidence that was adduced before the trial court and came to the conclusion that the appellant’s convictions and sentence were safe, save for the death sentence on the second count that was held in abeyance since a person cannot suffer dea…

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