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Mwalimu Wasi Kalume & Amani Said Kibao v. Republic

(2017) JELR 98749 (CA)

Court of Appeal  •  Criminal Appeal 48 of 2016  •  12 Oct 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Mwalimu Wasi Kalume (1st appellant) and Amani Said Kibao (2nd appellant) were jointly charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars were that on 9th December, 2009 at Timboni Village in Malindi District within the then Coast Province while armed with offensive weapons namely, an iron bar, the appellants jointly robbed Alex Katana Jackson (deceased) of a motorcycle Bajaj registration number KMCF 158A valued at Kshs.80,000/= and immediately after the time of such robbery killed the deceased. After trial, they were convicted and sentenced to death. Their convictions and sentences were confirmed by the High Court (Chitembwe and Muya, JJ.) siting as the first appellate court.

2. The concurrent findings of fact by the two lower courts were that the deceased was last seen on 9th December, 2009 at around 10:00 a.m. in the company of the appellants. Juma Mzungu (PW7) saw the three aboard the deceased’s mot…

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