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Morris Muthiani Sammy v. Republic

(2008) JELR 98946 (CA)

Court of Appeal  •  Criminal Appeal 14 of 2006  •  14 Mar 2008  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Joyce Adhiambo Aluoch, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

Morris Muthiani Sammy, the appellant herein, was charged jointly with David Matolo Nyamai, Samson Mboya Munyambu, and others not before the court, of robbery with violence, contrary to section 296(2) of the Penal Code. An alternative count of handling stolen property, contrary to section 322(2) of the Penal Code was preferred against the appellant only. He was convicted by the trial Magistrate on the main count of robbery with violence contrary to section 296(2) of the Penal Code, and sentenced to death. His two co-accused persons were acquitted.

The evidence adduced against the appellant in the Magistrate’s court was that on 5th February 2001, at about 7.00 p.m., Emily Mutinda Mbuvi (PW1) was at home at Katumani village when she heard some noise, and almost immediately, a group of three people armed with pangas entered into her house. She screamed and they ordered her to shut up. They demanded money. She took them to her bedroom where they took her handbag and ran…

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