Login Register

Joseph Munga Kiragu v. Republic

(2001) JELR 100641 (CA)

Court of Appeal  •  Criminal Appeal 107 of 1999  •  16 Mar 2001  •  Kenya

Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu, Richard Otieno Kwach



Joseph Munga Kiragu (the appellant) was tried and convicted by the Chief Magistrate's Court at Nairobi on the following three counts:-

i)robbery with violence contrary to section 296(2) of the Penal Code .

ii)being in possession of a firearm without Firearms Certificate contrary to section 4(2)(a) of the Firearms Act - Cap 114.

iii)being in possession of ammunition without a Firearms Certificate contrary to section 4(2)(a) of the Firearms Act Cap. 114.

As a result of the foregoing the appellant was sentenced to suffer death as mandatorily required by law in respect of the first count while on the second count the appellant was sentenced to five (5) years imprisonment and three years imprisonment on count 3. The sentences on counts two and three were ordered to run concurrently.

The appellant's appeal to the High Court was considered and subsequently dismissed. He now comes to this court by way of a second appeal.

When the appeal came up for hearing before us on 1st Marc…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login