judy.legal
Login Register

Peter Kihia Mwaniki v. Republic

(2010) JELR 96464 (CA)

Court of Appeal  •  Criminal Appeal 280 of 2005  •  10 Dec 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

Peter Kihia Mwaniki, the appellant, has come before us in this second and final appeal, to challenge his conviction and sentence for the main count of robbery with violence contrary to section 296(2) of the Penal Code. As no finding was made on the alternative count of handling stolen property contrary to section 322(2) of the Penal this appeal does not touch on it. Four main grounds have been raised in this appeal, and those are: (1) Part of the appellant’s case was prosecuted by an incompetent prosecutor contrary to section 85 of the Criminal Procedure Code (CPC). (2) The appellant was not presented to the court after his arrest within the time stipulated under section 72(3) (b) of the relevant Constitution as at the date of his arrest. (3) The appellant’s defence was not adequately considered. (4) An essential exhibit was not tendered in evidence. On the morning of 24th August 2001, four men raided the residence of Hansa Bakrania (Hansa) at New Muthaiga, held …

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login