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Mohamed Wekesa Wanyonyi v. Republic

(2001) JELR 98999 (CA)

Court of Appeal  •  Criminal Appeal 53 of 1995  •  29 Jun 2001  •  Kenya

Coram
Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, Moijo Matayia Ole Keiwua

Judgement

JUDGMENT OF THE COURT

Mohamed Wekesa Wanyonyi, the appellant was charged before the Chief Magistrate's Court at Nairobi, jointly with another person whose appeal is not before us, with two counts of robbery with violence contrary to section 296(2) of the Penal Code, and a third count of unlawful wounding contrary to section 237(a) of the Penal Code. Both of them pleaded not guilty to all the three counts on their first appearance in court and were thereafter remanded in custody. Their case came for mention on at least four occassions before it came for hearing on 3rd April, 1986, before the late Mango, then a Senior Resident Magistrate. He received evidence from two witnesses and the case was then adjourned. At the resumed hearing on 3rd June, 1986 the appellant indicated he wished to change his plea and plead guilty to all the three counts, whereupon the court cautioned him as follows:-

"Court: Accused reminded and warned that the only sentence in this offence is death."

The appellant i…

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