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(2014) JELR 105173 (CA)

Court of Appeal  •  Criminal Appeal 638 of 2010  •  20 Mar 2014  •  Kenya

Alnashir Ramazanali Magan Visram Martha Karambu Koome James Otieno Odek



The appellant faced a charge of robbery with violence contrary to Section 296(2) of the Penal Code, Cap 63 of the Laws of Kenya. The particulars are that on the 11th day of November, 2007, at Kiawariga village in Laikipia West District within Rift Valley Province jointly with three others not before court being armed with dangerous offensive weapon namely rungu, robbed Mr. Francis Nderitu cash Ksh. 5,000/= and at or immediately after the time of such robbery used actual violence to the said Francis Nderitu.

The appellant was tried, convicted and sentenced to death by the trial magistrate. His first appeal to the High Court was dismissed. This is a second appeal which must be confined to points of law. (See Kavingo – v. – R, (1982) KLR 214, and Chemagong v. Republic, (1984) KLR 213).

In supplementary grounds of appeal filed in court on 14th May, 2012, the appellant raised various grounds to wit:

(i) The High Court erred in law by upholding the lower courts findings wh…

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