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Joseph Mwaura v. Republic

(2009) JELR 100618 (CA)

Court of Appeal  •  Criminal Appeal 273 of 2007  •  29 May 2009  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



This is the second and final appeal by Joseph Mwaura (“the appellant”) against conviction 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 30th day of November, 2001 at Ahmediya Muslim Medical Clinic along Desai Road in Nairobi, jointly with others not before the court while armed with a pistol, he robbed Dr. Laeeq Ahmed Absari cash Shs.27,000, and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Dr. Laeeq Ahmed Ansari. He was tried and convicted before Kibera Principal Magistrate, Ms. Mwangi and his conviction was upheld by superior court (Lesiit and Makhandia, JJ) on appeal. As the law requires he was sentenced to death upon his conviction. He now comes before us to challenge the conviction on issues of law.

The appellant had drawn up a Memorandum of Appeal in person but it was abandoned at the hearing of th…

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