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Morris Muhoro Kingori v. Republic

(2003) JELR 98949 (CA)

Court of Appeal  •  Criminal Appeal 132 of 2002  •  16 May 2003  •  Kenya

Coram
Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua

Judgement

IN THE COURT OF APPEAL

AT NYERI

CRIMINAL APPEAL NO 132 OF 2002

MORRIS MUHORO KINGORI v. REPUBLIC

Shah, O’Kubasu and Keiwua JJ A

(Appeal from Judgment of the High Court at Nyeri (Juma and Mitey JJ) dated 31.07. 2002

In

HCCR Appeal No 45 of 2001)

JUDGMENT

The appellant, Morris Muhoro Kingori, was convicted by the learned Senior Resident Magistrate at Nyeri, of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death as mandatorily provided by the law. His appeal to the High Court was dismissed and he comes to us by way of a second appeal.

The facts of the case may be briefly stated. It was the prosecution’s case that both the appellant and the complainant (David Irungu) hailed from the same village and on the 24th October, 2000 the complainant was walking home in the company of Mwangi Thuku (PW2). It was about 9.30 pm when the complainant saw the appellant and another person standing beside a path. The complainant flashed his torch and was able to r…

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