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MUIRURI NDUTI v. REPUBLIC

(2000) JELR 98221 (CA)

Court of Appeal  •  Criminal Appeal 40 of 1999  •  21 Jan 2000  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

The appellant, Mwiruri Nduti, was after trial convicted by the Chief Magistrate, Mombasa, of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. His appeal to the High Court of Kenya at Mombasa (Ang'awa and Waki, JJ) was dismissed on 11th July, 1999. He has therefore preferred this second appeal which contains a total of nine grounds of appeal.

However, the learned Counsel for the appellant, Mr. Bryant, has raised one matter in the suplementary petition of appeal that merits our consideration, namely, the issue of identification.

The deceased, Mohamed Shamsan, was a prominent businessman in Mombasa. On the fateful day, 8th February, 1992 at about mid-day, he left his petrol station along Jomo Kenyatta Avenue for the bank to deposit about Shs.200,000/= being the previous week-end's collection. He was given a lift in a car by one Tom Ochieng P.W.3 a friend to his son. At Barclays Bank, Digo Road, the deceased prepared to alight. …

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