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MACDONALD MAKASI & ANOTHER V. REPUBLIC

(1994) JELR 104577 (CA)

Court of Appeal  •  Criminal Appeal 66 of 1994  •  27 Sep 1994  •  Kenya

Coram
Philip Kiptoo Tunoi, Richard Otieno Kwach, Mathew Guy Muli

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The two appellants, who are brothers, were convicted on their own plea of guilty, of robbery contrary to section 296(1) of the Penal Code and sentenced to 7 years imprisonment and 10 strokes of the cane followed by 5 years police supervision. Their appeal to the Superior Court against sentence was summarily rejected under section 352(2) of the Criminal Procedure Code. Having admitted the offence and the facts as stated by the prosecution before a conviction was entered, the appellants had no right of appeal against conviction. So their complaints in this regard before us cannot be considered and are rejected.</p><p>Robbery under section 296(1) carries a maximum sentence of 14 years together with corporal punishment not exceeding 28 strokes. The sentences imposed by the trial Magistrate were quite lenient and the claim by the appellants that they were harsh and excessive is baseless.</p><p>The complaints directed against conviction must be disregarded as the appellants had plead…</p>

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