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Moses Ngichu Kariuki v. Republic

(2009) JELR 98906 (CA)

Court of Appeal  •  Criminal Appeal 228 of 2008  •  6 Nov 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant was charged in the trial court with robbery with violence contrary to Section 296 (2) of the Penal Code and upon trial was convicted and sentenced to death.

The particulars of the offence are that on 12th February, 2006 at Mukima in Laikipia District in the Rift Valley Province, the appellant jointly with another not before the court robbed Simon Leken Lokanya of one bicycle make Atlas, three long trousers, three shirts, one coat and a suit and Kshs.700/= cash all valued at Kshs.5,200/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence on the said Leken Lokanya.

Dissatisfied with the judgment of the trial court, the appellant filed Criminal Appeal No. 176 of 2006 in the superior court at Nyeri and after a full hearing, the same was dismissed on 21st October, 2008. The learned counsel for the appellant, Mr. Kiget informed this Court that the family of the appellant had engaged an advocate for th…

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