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Michael M'maranya v. Republic

(2008) JELR 99112 (CA)

Court of Appeal  •  Criminal Appeal 126 of 2004  •  31 Oct 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant Michael M’Maranya was convicted by the Senior Resident Magistrate Meru for the offence of Robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death on 10th April 2001. He appealed against conviction and sentence to the High Court at Meru and his appeal was dismissed by the superior court on 1st June 2004.

The charge of robbery with violence was based on the following brief facts.

On 30th September 1999 at about 11.00 am., Janet Karuru (PW1), the complainant, left her home at Munithu in Meru to plant beans in her land at Ncheru area about 2 – 3 kilometres from her home. She was accompanied by her two friends Lydia Muthoni (PW2), (Lydia), Jemima Makena (PW4) (Jemima) and her two daughters Damaris Tirima (Damaris) and Lilian Nkatha (Lilian) who were going to assist her to plant beans. The complainant was carrying about 20 kgs of beans while Lydia and Jemima were carrying about 10 kgs of beans and 5 kgs of beans respectivel…

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