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PATRICK SIBOI AMUCHAMA v. REPUBLIC

(2010) JELR 96565 (CA)

Court of Appeal  •  Criminal Appeal 10 of 2008  •  4 May 2010  •  Kenya

Coram
Joseph Raphael Karanja, Abida Ali-Aroni

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

Criminal Appeal 10 of 2008

PATRICK SIBOI AMUCHAMA ............................... APPELLANT

VERSUS

REPUBLIC .................................................... RESPONDENT

[From original conviction and sentence in Criminal Case number 222 of 2007 of the

Senior Resident Magistrate’s Court at Maseno)

JUDGMENT

The appellant, Patrick Siboi Amuchama, was convicted and sentenced to death by the Senior Resident Magistrate at Maseno for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. This was the first count in a series of three counts. The second and third counts related to the offences of defilement and assault respectively but the appellant was acquitted in respect thereof.

The particulars in count one were that, on the 13th January 2007 at E Village Vihiga District Western Province, jointly with others not before court robbed W.A of cash Kshs. 4,000/= and at or immediately before or immediately after…

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