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Joseph Kinyanjui Wainaina v. Republic

(2014) JELR 105353 (CA)

Court of Appeal  •  Criminal Appeal 7 of 2004  •  7 Feb 2014  •  Kenya

Philip Nyamu Waki, Erastus Mwaniki Githinji, Agnes Kalekye Murgor



The Appellant, Joseph Kinyanjui Wainaina, was tried and convicted on 18th June, 2001 by Makadara Principal Magistrate, Hon. Juma, for the offence of Robbery with violence contrary to section 296(2) of the Penal code. It had been alleged in the charge sheet that on the 26th day of October, 2000 at Kariadudu village in Nairobi, jointly with others not before court, while armed with a pistol, he robbed Harrison Mwangi Kimotho of Ksh.2,610 and at or immediately before or immediately after the time of such robbery threatened actual violence against the said Harrison Mwangi Kimotho. Upon his conviction, he was sentenced to death as by law provided, but he challenged both the conviction and sentence before the High Court in criminal appeal No. 697 of 2001. That Appeal was dismissed on 10th May 2005 and he appealed further to this court in criminal appeal no.102 of 2006. One of the five grounds of appeal put forward in that appeal, and the only ground judicially considere…

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