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James Maina Wanjira v. Republic

(2015) JELR 105447 (CA)

Court of Appeal  •  Criminal Appeal 30 of 2014  •  29 Jul 2015  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



By this appeal James Maina Wanjira (the appellant) challenges the dismissal by the High Court at Nyeri (Wakiaga and Ombwayo JJ) of his first appeal thereto whereby the learned judges affirmed his conviction and sentence of death for the offence of robbery with violence contrary to Section 296(2) of the Penal Code imposed by the Nyeri Principal Magistrate.

The particulars of the charge was that on 31st March 2003 at about 2.35 pm. at Karatina Township here in Nyeri, jointly with others not before court and while armed with a dangerous weapon namely a pistol, he robbed Annette Muthoni Mahu (Annette) of some Ksh.130,000 in cash, a camera, an interim driving licence, two passports and a national identity card. He is said to have used actual violence to Annette during that robbery.

The prosecution led evidence, accepted by both courts below, that on 31st March 2003 at about 2.30 pm., Annette’s husband Peter Mahu Muthee (PW4) with whom she operated a hardware shop at Kara…

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