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Kennedy Wangondu Wamwiri v. Republic

(2019) JELR 100171 (CA)

Court of Appeal  •  Criminal Appeal 22 of 2016  •  8 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is a second appeal from the conviction and sentence of the appellant, Kennedy Wangondu Wamwiri, who was arraigned before the Chief Magistrate, Kibera, Nairobi, on a charge of robbery with violence contrary to Section 296 (2) of the Penal Code. Particulars of the offence were that on 1st September, 2005 at Waithaka in Riruta within Nairobi, jointly with others not before court while armed with an offensive weapon namely a knife, they robbed Francis Waweru Muruatetu of a mobile phone, money and other items, all to the value of Kshs 8,700/= and that immediately before or immediately after the time of such robbery, they threatened to use actual violence to the said person.

There was a second charge of stealing contrary to section 275 of the said Code. In a Judgment delivered on 9th January, 2007 by the Principal Magistrate, Kibera, the appellant was convicted on the first count and was sentenced to death. He was acquitted on the 2nd count. A first appeal to the Hi…

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