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Michael Kinuthia Muturi v. Republic

(2011) JELR 99120 (CA)

Court of Appeal  •  Criminal Appeal 51 of 2008  •  13 Apr 2011  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant herein was tried before Makadara Senior Resident Magistrate (Ms. S. Karani) on two counts of robbery with violence contrary to section 296 (2) of the Penal Code. It was alleged in the charge sheet laid before that court that on the 20th November, 2004, at Kamulu, in Embakasi, Nairobi the appellant, jointly with others not before court, being armed with a dangerous weapon, namely a toy pistol, robbed Michael Amwoma Ogomba of cash Shs.160/=, Identity Card and an ATM card and at or immediately before or immediately after the time of the robbery threatened to shoot the said Micheal Ogomba. The second count was in respect of the same offence against Ogomba’s wife, Irene Kemunto. After hearing four witnesses, the trial court held that the offence was proved beyond reasonable doubt and convicted the appellant on both counts. She sentenced them to death and ordered that the sentences would run concurrently. His appeal to the superior court (Ojwang and Omondi…

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