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Paul Mwenda v. Republic

(2015) JELR 95224 (CA)

Court of Appeal  •  Criminal Appeal 134 of 2014  •  17 Dec 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Fatuma sichale, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant, PAUL MWENDA was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars were that on the 23rd day of July 2010 at Gakoromone area in Meru jointly with others not before court, robbed JACOB MUTHUKU of Kshs.500 and a hat and immediately before the time of such robbery threatened to use actual violence to the said JACOB MUTHUKU.

The trial proceeded before Andriessen, the then Principal Magistrate Meru who recorded the evidence of JACOB MUTHUKU, (PW1), JOTHAM MUGAMBI, (PW2), NICHOLAS MURETHI (PW3) and PC JACKSON NGETICH (PW4) as well as the sworn testimony of the appellant. In a judgment dated 15th June, 2011 the learned Principal Magistrate found the appellant guilty and sentenced him to death as by law prescribed.

The appellant was dissatisfied with the conviction and sentence and filed an appeal in the High Court. In a judgment dated 28th November, 2013 Makau and Gikonyo, JJ, dismissed the appella…

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