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Kapelisia Kanyangony v. Republic

(2019) JELR 100249 (CA)

Court of Appeal  •  Criminal Appeal 148 of 2017  •  28 Jun 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] Kapelisia Kanyangony the appellant herein is aggrieved by the judgment of the High Court sitting at Kapenguria in which his appeal was dismissed. The appellant had been tried and convicted by the principal magistrate’s court at Kapenguria for the offence of robbery with violence contrary to section 296 (2) of the Penal Code.

[2] According to the record of the trial court the appellant was initially charged before the Principal Magistrates Court on 18th February 2015 with one count of the offence of robbery with violence contrary to section 296(2) of the Penal Code to which he pleaded not guilty. Before the trial commenced on 1st April 2015 the prosecution substituted a new charge sheet in which the appellant was charged with seven counts of the offence of robbery with violence contrary to section 296(2) and he pleaded not guilty to all the seven counts.

[3] On perusal of the record we have not been able to find a copy of the original charge sheet however, the su…

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