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Julius Murithi M'Manyara v. Republic

(2016) JELR 100453 (CA)

Court of Appeal  •  Criminal Appeal 38 of 2015  •  21 Dec 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant, Julius Murithi M’Manyara, was charged and convicted before the Senior Resident Magistrate’s Court at Tigania, Criminal Case No.149 of 2011, on the offence of robbery with violence contrary to Section 296(2) of the Penal Code, Cap 63 Laws of Kenya. His first appeal to the High Court (Makau and Musyoka, JJ) was dismissed and the death sentence awarded by the trial court confirmed. The appellant has now preferred this second appeal.

The particulars of the offence were that on 1st April, 2009 at Buuri Location in Tigania East District, within Meru County, the appellant jointly with another not before court, while armed with dangerous weapons namely pangas and clubs robbed Edward Thuranira of Kshs. 3,000/= and immediately before the time of such robbery slashed the said Edward Thuranira on his left hand and head using a panga causing him grievous harm.

In a nutshell, the evidence led before the trial court was as follows.

On the material day at about 6:30 p…

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