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Justine Masolo Nyakundi v. Republic

(2019) JELR 100417 (CA)

Court of Appeal  •  Criminal Appeal 112 of 2017  •  27 Sep 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame

Judgement

JUDGMENT OF THE COURT

1. The appellant Justine Masolo Nyakundi was tried and convicted by the Chief Magistrate’s Court at Kibera for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to life imprisonment. Being dissatisfied with the judgment he appealed to the High Court against his conviction. Upon hearing the appeal, the learned judge of the High Court found that the prosecution case was proved and the appellant’s conviction and sentence was proper. She therefore dismissed the appeal.

2. The appellant is now before us in this second appeal. In the grounds of the appeal that the appellant filed in person, the appellant has raised five grounds in which he contends that his right to fair trial under Articles 25(c) and 50(2)(a) of the Constitution was violated. He also faults the learned judge: in upholding the decision of the lower court; in failing to find that the prosecution case was not proved to the required standard; in failing to f…

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