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Paul Kimani v. Republic

(2015) JELR 94421 (CA)

Court of Appeal  •  Criminal Appeal 172 of 2013  •  8 May 2015  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Paul Kimani is aggrieved by the decision of the High Court, (P. Kihara Kariuki, as he then was and Kimaru, JJ) upholding the conviction and death sentence imposed by the trial court for the offence of robbery with violence contrary to section 296 (2) of the Penal Code.

The trial court arrived at the decision after considering the evidence of the complainant, Nanana Lethiria, a Tanzanian employed in a bar in Kibande Maji on the Tanzania side of Namanga border.

According to her, on 26th August 2007 at about 12 mid-night while coming to Namanga on the Kenya side of the border to meet a friend she was ambushed on the “no-man?s land” by the appellant who was armed with a screw driver and who was known to her. The appellant grabbed her on the collar and using the free hand removed the mobile phone from her pocket. The appellant them ran into Kenya. The complainant reported the attack to the Tanzania police station at the border where the incident was record…

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