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Nicholas Ambuga Limanye v. Republic

(2010) JELR 98432 (CA)

Court of Appeal  •  Criminal Appeal 464 of 2007  •  28 May 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant in this appeal Nicholas Ambuga Limanye, was charged in the Chief Magistrate’s Court at Nakuru with two counts of robbery with violence contrary to section 296 (2) of the Penal Code, with an alternative charge of handling stolen property contrary to section 323 of the Penal Code; and one count of being in possession of Narcotic Drugs contrary to section 3 (2) of the Narcotic Drugs and Psichotropic Substances Act – Act No. 4 of 1994. Later, in the course of trial, the alternative count was amended by substituting the words “was found in possession” for the words “he undertook the disposal of” but the provisions under which the charge was preferred remained the same. He denied all charges together with the alternative charges, but after full hearing, the learned Senior Resident Magistrate (M.W. Onditi) found him guilty of the two counts of robbery with violence, convicted him and sentenced him to death on both counts – sentences to run concurrently. He …

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