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Patrick Macharia v. Republic

(2010) JELR 95119 (CA)

Court of Appeal  •  Criminal Appeal 120 of 2008  •  19 Nov 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Lenaola, Ouko, JJ.) dismissing the appellant’s first appeal against conviction and sentence. The appellant was on 14th August, 2005 convicted by the Chief Magistrate, Meru for robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death.

The particulars of the charge were in essence that on 25th July, 2004 the appellant jointly with others not before the court robbed Cathelene Nguta of Shs.1,200/= and a Nokia Mobile Phone worth Shs.6,000/= and at or immediately after the time of the robbery used actual violence on the said Catheline Nguta.

The prosecution case was briefly as follows: On the night of 25th July, 2004 at about 12.30 a.m. Catherine Nguta (PW1), the complainant, was going to her house at Makutano, Meru Town when she was confronted by three people outside the gate of her house. The three people who emerged from a nearby tree held the complainant, demanded money and he…

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