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Paul Nakua Eyan v. Republic

(2008) JELR 96714 (CA)

Court of Appeal  •  Criminal Appeal 241 of 2006  •  26 Sep 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Joyce Adhiambo Aluoch, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant Paul Nakua Eyan, a Turkana, was convicted by the Senior Resident Magistrate Lodwar on his own plea of guilty for robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. The particulars of the charge were that on 19th March, 2005 the appellant jointly with others not before the court being armed with dangerous weapons, namely, a rifle and a Somali sword robbed EMMANUEL WANJOHI NGURE of Kshs. 100,000/= and at or immediately before or immediately after the time of such robbery fatally wounded Joseph Wambugu, co-worker to the said Emmanuel Wanjohi Ngure.

The appellant was taken to court for a plea on 4th April, 2005. The record shows that on that day one John Lotiir – a Court Clerk was present and although the court recorded the interpretation as “ English/Kiswahili/Turkana ” the record nevertheless shows that the charge was explained to the appellant in Kiswahili language and that the appellant pleaded not guilty in Ki…

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