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(2018) JELR 98716 (CA)

Court of Appeal  •  Criminal Appeal 20 of 2017  •  6 Dec 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] Mwashango Mwadingo (the appellant) was charged before the Senior Resident Magistrate’s Court Kwale with the offence of Robbery with Violence Contrary to Section 296(2) of the Penal Code in that on 29th day of March, 2005 at about 1.00 p.m., with others not before court while armed with simis and pangas, he robbed Nicasio Njiru Nyaga of money and several items listed in the charge sheet.

[2] He pleaded not guilty to the charge but after a full hearing in which six witnesses testified for the prosecution after which he gave an unsworn statement of defence, he was found guilty, convicted and sentenced to death.

[3] He was aggrieved with the conviction and sentence as he maintained all along that he had not committed the offence in question. He consequently moved to the High court where he preferred an appeal against both conviction and sentence on grounds of identification; his defence not being considered and the general ground that the charge had not been proved …

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