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Moses Khenya v. Republic

(1986) JELR 98931 (CA)

Court of Appeal  •  Criminal Appeal 63 of 1985  •  28 Nov 1986  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement

JUDGMENT OF THE COURT

The appellant was charged and convicted on two counts of robbery contrary to section 296(2) of the Penal Code (cap 63) and sentenced to the statutory death penalty. His appeal to the High Court (Mbaya and Gicheru JJ) was dismissed. He now appeals to this court on the point of law.

The facts leading to the charge are that on the evening of February 10, 1984 double robbery occurred at Midland Hotel within Nakuru Township. The first count is that he (the appellant) with others not before the court, being armed with pistols robbed Patrick Yann Dartout of one key for motor vehicle registration No KVN 995 and other items all worth Kshs 2,000 and that at or immediately before or immediately after the time of such robbery they threatened to use actual violence to Patrick Yann Dartout.

The second count is that on the same day and at the same place the appellant jointly with others not before the court being armed with pistols robbed Niels Forsberg of his car registration No …

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