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Moses Mwangi Kanyeki v. Republic

(2004) JELR 98914 (CA)

Court of Appeal  •  Criminal Appeal 38 of 2001  •  5 Nov 2004  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

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…

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