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Nicholas Jamini v. Republic

(1982) JELR 105108 (CA)

Court of Appeal  •  Criminal Appeal 82 of 1981  •  21 Jun 1982  •  Kenya

Eric John Ewen Law, Alister Arthur Kneller, Cecil Henry Ethelwood Miller



The appellant was one of three men charged with robbery with violence, contrary to section 296(1) of the Penal Code, before the Resident Magistrate at Kakamega. The particulars of the charge were that the three accused persons robbed Mrs Dorcas Sinzore, at Shamakhokho Village, of property to the value of some Kshs 1,945 and at the same time used personal violence to her. All three accused were convicted after trial and each one was sentenced to five years police supervision. The appellant appealed to the High Court. His appeal was summarily dismissed. He now appeals to this Court, his main grounds of appeal being that he was not satisfactorily identified and that the sentence was manifestly excessive. The facts of the case were that Dorcas’ house was broken into by a gang of robbers who used rocks to break down the door, at about 2 am on the night of January 26, 1981. The robbers had torches. They beat Dorcas and another woman in the house named Elizabeth Omwenje,…

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