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(2010) JELR 94482 (CA)

Court of Appeal  •  Criminal Appeal 388 of 2006  •  28 May 2010  •  Kenya

Philip Kiptoo Tunoi JA Alnashir Ramazanali Magan Visram JA Philip Nyamu Waki JA



This is a second appeal by PETER LOTIMU ESINYON, the appellant, from the judgment of Koome and Musinga JJ of the High Court of Kenya at Nakuru by which they on 24th November 2006 dismissed the appellant’s appeal and upheld the conviction and the sentence of death imposed upon him by the Senior Principal Magistrate, Nakuru, for the offence of robbery with violence contrary to section 296 (2) of the Penal Code.

The appellant and two others whose convictions were quashed and their sentences set aside on second appeal were arraigned on a charge that alleged that on 13th November 2001 at Kilemba Farm, Bahati, in Nakuru District being armed with dangerous weapons, namely, pangas and rungus, they robbed Stephen Mugi (PW1), the complainant, of assorted household goods named in the charge sheet, a bicycle, a television set and cash money and at or immediately before or immediately after the time of such robbery threatened to use actual violence against him.

The prosecution…

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