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Paul Ekwam Ereng' v. Republic

(2016) JELR 96721 (CA)

Court of Appeal  •  Criminal Appeal 206 of 2013  •  17 Feb 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is a second appeal. The appellant ’s first appeal was dismissed by the High Court thus provoking this one.

The appellant was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the offence alleged that on 12th October, 2010, at Mois Bridge Trading Centre in Eldoret East District of Rift Valley Province, jointly with others not before court and while armed with metal bars, the appellant and his confederates robbed Moses Mburu Musundi (the complainant) of cash of Kes.7,000/=. It was further alleged that at or immediately before or immediately after that robbery the appellant and his confederates subjected the complainant to actual violence.

The appellant pleaded not guilty but after trial he was convicted and sentenced to death. As we have stated, his appeal to the High Court was dismissed thus provoking this one.

In his memorandum of appeal, the appellant complained that he was not properly identified…

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