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Joseph Kabaria Kahinga & 9 others v. Republic

(2014) JELR 100708 (CA)

Court of Appeal  •  Criminal Appeal 1 of 2011  •  18 Dec 2014  •  Kenya

John Wycliffe Mwera, Paul Kihara Kariuki, William Ouko



Initially, there were eleven (12) appellants in this appeal but it would appear two of them, Daniel Kioko Mbuva and Joseph Baariu Imiemba, by their respective notices filed on 15th July 2014 withdrew their appeals, leaving only the nine (10) appellants who were before the court when the appeal was argued on 5th November 2014.

The appellants were separately charged with and tried by different courts for various capital offences under section 296 (2) of the Penal Code (robbery with violence), section 297 (2) of the Penal Code (attempted robbery with violence) and section 203 as read with section 204 of the Penal Code (murder) for which they were convicted and sentenced to death. Their appeals were dismissed and the death sentence ultimately confirmed by this Court.

Brought together by their fate, the death sentence, the appellants jointly petitioned the High Court for a declaration, inter alia, that the death sentence imposed by the respective trial courts, confirmed …

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