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Paul Mutungu v. Republic

(2006) JELR 94040 (CA)

Court of Appeal  •  Criminal Appeal 127 of 2006  •  13 Oct 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

This is a second appeal, the first appeal having been dismissed by the superior court. The appellant, Paul Mutungu, was charged before the Chief Magistrate at Nairobi with the offence of attempted robbery with violence contrary to section 297(2) of the Penal Code. The particulars were as follows:

“Paul Mutungu

On the 13th day of April, 2001, at New Mathare Estate, Nairobi within Nairobi area, jointly with others not before court while armed with offensive weapons namely metal bars, and a knife, attempted to rob James Taemu money and at or immediately before or immediately after such attempted robbery threatened to use actual violence to James Taemu.”

The appellant was not represented in the subordinate court. He was recorded as having pleaded guilty; was convicted on the same plea and was sentenced to death.

The relevant part of the entire record of proceedings before the subordinate court was short and we reproduce it herebelow for ease of reference:

“20.4.01.

B. Olao …

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