IN THE COURT OF APPEAL
AT NYERI
( CORAM : O’KUBASU, GITHINJI and WAKI JJ A )
CRIMINAL APPEAL NO. 38 OF 2001
BETWEEN
MOSES MWANGI KANYEKI ................................................................ APPELLANT
AND
REPUBLIC .......................................................................................... RESPONDENT
(Appeal from the judgment of the High Court at Nyeri (Juam and Tuiyot JJ) dated 1st December 2000
in
HCCr Appeal No 92 of 2000)
*********************************
JUDGMENT
Moses Mwangi Kanyeki, the appellant herein, was tried and convicted on three counts of robbery with violence contrary to section 296(2) of the Penal Code by a Senior Resident Magistrate at Nyeri and upon that conviction was sentenced to suffer death in the manner authorized by the law. He appealed to the High Court at Nyeri but by its judgment dated and delivered on 1st December, 2000, the High Court (Juma and Tuiyot, JJ) dismissed his appeal. The appellant now appeals to this Court by way of a second and fin…