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John Muriithi Nyagah v. Republic

(2014) JELR 100851 (CA)

Court of Appeal  •  Criminal Appeal 201 of 2007  •  27 Jun 2014  •  Kenya

Coram
Mohammed Abdullahi Warsame, George Benedict Maina Kariuki, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant, John Muriithi Nyaga, has appealed to this Court against the judgment of the High Court which upheld his conviction for robbery with violence contrary to section 296(2) of the Penal Code and affirmed the death sentence thereof meted out in Criminal Case No.5875 of 2003 at Kibera, Nairobi, by the Senior Principal Magistrate, Ms Mwangi, who heard the case and found him guilty and convicted him in the judgment delivered on 19th November 2003. Death sentence was passed on to him on 3rd December 2003.

The particulars of the charge were that -

John Mureithi Nyaga, on the 27th day of July 2003 at Ongata Rongai Township in Kajiado District within the Rift Valley Province, jointly with others not before the Court, being armed with a knife and rungus robbed Mathew Kipkemboi Mbungei of one Siemens mobile phone, a pair of shoes, an employment card, an identity card and cash Ksh.4,700/= all valued at Shs.11,400/= and at, immediately after, or immediately after the…

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