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Peter Iminyi Wanjala v. Republic

(2016) JELR 95274 (CA)

Court of Appeal  •  Criminal Appeal 12 of 2015  •  28 Oct 2016  •  Kenya

Coram
David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant, Peter Iminyi Wanjala, was arrested on 1st November 2007. On 5th November 2007 he was arraigned before the Senior Resident Magistrate’s court at Webuye and charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code.

2. The particulars of the offence were that on 31st October 2007 at Sites and Services, Webuye Township in the then Bungoma District of the then Western Province, jointly with others not before the court robbed Salim Mayor of Kshs. 500.00, two mobile phones, national identity card, voters card, bank card and a wallet all valued at Kshs. 8,100.00 and immediately before or immediately after the time of such robbery used actual violence to the said Salim Mayor.

3. The appellant pleaded guilty to the charge, was convicted and sentenced to death.

4. His first appeal to the High Court on grounds that he was convicted on the basis of a defective charge; that the offence was not proved; that the death sentence …

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