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Michael Mbugua Mwaura v. Republic

(2010) JELR 99110 (CA)

Court of Appeal  •  Criminal Appeal 74 of 2007  •  12 Feb 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant Michaeel Mbugua Mwaura was charged before Senior Principal Magistrate’s Court at Machakos with seven counts, each of robbery with violence contrary to Section 296 (2) of the Penal Code. All the robberies took place on 27th November, 2002 at about 7.30 p.m. and all of them took place in a public service motor vehicle registration Number KAN 898D Toyota Hiace which was, at the relevant time, operating along Nairobi/ Machakos/Wote road. After the full hearing of the case, the then learned Senior Resident Magistrate (S. M. Kibunja) found him guilty of five counts which were counts 1, 2, 3, 5 and 6, convicted him of those counts and sentenced him to death but did not specify whether the sentence was in respect of each count or in respect of all counts together. He was found not guilty of two counts, namely, counts 4 and 7 and was acquitted under Section 210 of the Penal Code as the learned magistrate held that he had no case to answer in respect of those …

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