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(2011) JELR 99828 (CA)

Court of Appeal  •  Criminal Appeal 120 of 2009  •  7 Jul 2011  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu



The appellant, KIMANI MACHARIA, was charged with two counts in the trial court.

In the first count, he was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and in the second count he was charged with attempted robbery with violence contrary to Section 297 (2) of the Penal Code. The trial court acquitted him on the first count but convicted him on the second count and this resulted in trial court sentencing him to suffer death.

In his defence the appellant claimed to have been carjacked by robbers and dumped in a coffee plantation after the robbers had caused him to break his leg as they forced him to enter into the boot of the car they were reversing. The incident is said to have taken place on 21st November, 2005.

Unfortunately for the appellant his claim was put to the test almost immediately because at Kianduma village in Nyeri District, a Mr. Peter Macharia was wounded and robbed of KShs.15,000/. Almost at the same t…

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