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Jeffa Mohamed Charo v. Republic

(2012) JELR 98290 (CA)

Court of Appeal  •  Criminal Appeal 331 of 2010  •  15 Mar 2012  •  Kenya

Coram
Emmanuel Okello O'Kubasu, David Kenani Maraga, Martha Karambu Koome

Judgement

JUDGMENT OF THE COURT

JEFFA MOHAMED CHARO (appellant) was charged before the Senior Resident Magistrate’s Court in Mombasa with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge stated:

“On the 26th day of July, 2007 at Njuki Enterprises Mikindani in Mombasa District within Coast Province, jointly with others not before court while armed with dangerous weapons namely pistols robbed DAVID KINGORI MUTHONI cash Kshs.40,000/=, video camera valued at Kshs.40,000/= and mobile phone Nokia make 160 valued at Kshs.4500/=, the total value Kshs.84,500/= and at or immediately before or immediately after the time of such robbery shot dead JAMES OBIERO MIYOGE.”

The appellant was tried, found guilty, convicted and sentenced to death. On appeal, the superior court arrived at a concurrent finding with the subordinate court and dismissed his appeal.

The appellant has now filed this second appeal which is on points of law. From the appellant’s …

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