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MOHAMED JUMA v. REPUBLIC

(2006) JELR 106803 (CA)

Court of Appeal  •  Criminal Appeal 130 of 2004  •  21 Jul 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is a second appeal. The appellant, Mohamed Juma alias Mwandilo, whose age was on 2nd February, 2006, at the request of his counsel on record, assessed as 22 years, was convicted upon trial of the offence of robbery with violence contrary to section 296(2) of the Penal Code and was thereafter, on 14th November, 2002, sentenced to the mandatory death sentence. His first appeal to the superior court was dismissed and hence this appeal.

The particulars of the cha rge against the appellant alleged that on 11th June, 2002, at about 9.00 a.m at Mtongwe in Mombasa, jointly with other people not before the court and while armed with knives robbed William Maina Kariuki of Kshs. 4,050/- in cash and two bottles of soda all valued at Kshs, 4,100/-, and at or immediately after the time of the robbery threatened to use actual violence to the said William Maina Kariuki. On the material date and time, William Maina Kariuki (William), was working as a driver with Kareka General…

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