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Peter Kariuki Kimani & another v. Republic

(2013) JELR 94519 (CA)

Court of Appeal  •  Criminal Appeal 509 of 2007  •  16 May 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The appellants through their counsel Mr. Muthui Kimani filed Supplementary grounds of appeal dated 12th April 2013 containing 10 grounds to challenge their conviction and sentence. The appellants were charged and tried before Muranga Senior Principal Magistrate with the offence of attempted robbery with violence contrary to section 297 (2) of the Penal Code. They were sentenced to life imprisonment. The first appeal to the High Court on both the conviction and sentence was dismissed. This is a second appeal. As stated in the case of Okeno-v- R, (1972) EA 32 it is the duty of the first appellate court to re-evaluate the evidence and arrive at its own independent conclusion. It is our duty as the second appellate court to satisfy ourselves whether the first appellate court did discharge its obligation to re-evaluate the evidence. Appeal to this Court lies on matters of law.

2. In the charge sheet, it is alleged that on the 20th April 2005, at Mioro village in Mura…

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