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(2006) JELR 98731 (CA)

Court of Appeal  •  Criminal Appeal 12 of 2003  •  17 Nov 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji



Mwangi Mungai, the appellant herein, was tried before the then Principal Magistrate of Kibera (Mrs. Ondieki) on a charge of robbery with violence contrary to section 296(2) of the Penal Code and the particulars contained in that charge were that on the night of 28th/29th November, 1995 along, Waiyaki Way within Nairobi Area, the appellant, jointly with others not before the court, robbed Philip Omutoka of cash K.Shs.150,000/=, one fax machine, six boxes containing padlocks, all valued at K.Shs.526,000/=, the property of Tribhoyan Bhubahai Soni and that during the robbery they used personal violence on Philip Omutoka. At the conclusion of his trial during which a total nine witnesses testified on behalf of the Republic and the appellant made an unsworn statement, the learned trial magistrate found the appellant guilty as charged, convicted him and sentenced him to suffer death. The appellant appealed for the first time to the High Court but by its judgment dated an…

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