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Kimbiya Mbiti v. Republic

(2020) JELR 99822 (CA)

Court of Appeal  •  Criminal Appeal 200 of 2016  •  7 Aug 2020  •  Kenya

Coram
Mohammed Abdullahi Warsame, Sankale ole Kantai, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant, Kimbiya Mbiti was charged (with another) before the Senior Principal Magistrate’s Court, Kitui, on one count of robbery with violence contrary to Section 296(2) of the Penal Code particulars being that on 23rd September, 2009 at about 3.00 a.m. in Masoa village in the then Kitui District while armed with dangerous weapons namely bows, arrows and knives jointly robbed David Nding’u of Ksh.40,850 and immediately before or immediately after the time of such robbery used actual violence to the said person. Both were tried, convicted and sentenced to death. It is not clear from the record what became of the co-accused but the appellant filed an appeal at the High Court of Kenya at Machakos. That appeal was heard by Ngugi and Jaden, JJ, who in a judgment delivered on 28th January, 2014 did not find merit in it and dismissed the appeal both on conviction and sentence. The appellant is still dissatisfied with those findings and has filed this appeal premise…

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