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Mbae Marijani & Timothy Kimani v. Republic

(2008) JELR 99184 (CA)

Court of Appeal  •  Criminal Appeal 306 & 305 of 2006  •  16 May 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The two appellants, TIMOTHY KIMANI MUCHIRI (first appellant) and MBAE MARIJANI (second appellant) were tried and convicted by A.N. Kimani, Senior Resident Magistrate, Chuka, Meru of robbery with violence contrary to Section 296(2) of the Penal Code and each sentenced to death. They were dissatisfied with both conviction and sentence and appealed to the superior court (Lenaola and Sitati, JJ) who dismissed their appeals on 12th October, 2006. They have now appealed to this Court, citing several points of law but mainly that the proceedings in the trial court were:-

“defective for failure by the trial court to indicate the language in which the witnesses and the appellants testified before it and as to whether the interpretations if any, were done or not”.

The evidence on which the appellants were convicted was that Joseph Waweru (PW1) was at his home on 24th April, 2004 at about 12 a.m. His dog barked and he came out to check, but found nothing, so he went back to th…

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