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Omar Kamanza v. Republic

(1999) JELR 94918 (CA)

Court of Appeal  •  Criminal Appeal 44 of 1999  •  28 Jul 1999  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

Omar Kamanza, the appellant hereinafter, was tried and convicted on a charge of robbery with violence contrary to section 296(2) of the Penal Code . The particulars to that charge stated that on the 13th day of May, 1990 at about 3.45 a.m at Magandia village, Waa Location in Kwale District, jointly with others not before court, and while armed with dangerous weapons, namely a wheel-spanner, iron bar and sticks, the appellant and his confederates robbed Mrs Amu Khan of a bunch of keys and a Swiss pen-knife, all to the total of KShs. 2,200/= and at or immediately after the said robbery they wounded Mrs Amu Khan. The appellant was convicted on the charge on 31st August, 1990 and upon the conviction the Senior Resident Magistrate at Mombasa, Mr. J. K. Karanja, imposed upon him the mandatory sentence of death.The appellant appealed to the High Court but on the 12th July, 1996 Lady Justice Angawa and Mr Justice Waki dismissed his appeal. The appellant now appeals to our…

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