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Peter Esokon Meja alias Uncle ‘P' v. Republic

(2018) JELR 95740 (CA)

Court of Appeal  •  Criminal Appeal 98 of 2015  •  22 Mar 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] Peter Esokon Meja Alias Uncle ‘P’ (hereinafter referred to as the appellant), together with his co-accused Jackson Ekiru, were tried and convicted by the Principal Magistrate’s Court at Lodwar for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. He was sentenced to life imprisonment while his co-accused was put on probation for a period of eight months.

[2] Being dissatisfied, the appellants appealed to the High Court. The High Court (Karanja and Kimondo, JJ.) heard the appeal, upheld the appellants’ conviction and set aside the appellant’s sentence of life imprisonment, on the ground that the offence of robbery with violence under section 296 (2) of the Penal Code carries a mandatory death sentence. Accordingly they substituted the life imprisonment with a death sentence.

[3] The appellant is now before us in this second appeal. In his memorandum of appeal that was filed in person on 28th November, 2014, the appellant raised s…

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