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Kazungu Kaviha Nyango & Samuel Gashomi Mohamed v. Republic

(2017) JELR 100198 (CA)

Court of Appeal  •  Criminal Appeal 3 of 2017  •  12 Oct 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Kazungu Kaviha Nyango (1st appellant) and Samuel Gashomi Mohamed (2nd appellant) were jointly charged in the Senior Resident Magistrate’s Court at Lamu with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge were that on 16th December, 2009 at Muhamarani area in Lamu District within the then Coast Province, the appellants jointly robbed David Kamau Alice of his motorcycle make TVS star sport, registration number KMCE 065X valued at Kshs. 84,000/= and cash Kshs. 200/=. The appellants pleaded not guilty to the charge and the matter proceeded to trial.

2. Upon weighing the evidence tendered, the trial court convicted the appellants and sentenced them to death. Aggrieved with their convictions, the appellants preferred appeals before the High Court which were dismissed vide a judgment dated 24th May, 2012. Unrelenting, the appellants have filed this second appeal before us. As such, we have no jurisdicti…

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