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PHABIAN ANNEA v. REPUBLIC

(2002) JELR 96794 (CA)

Court of Appeal  •  crim app 79 of 01  •  18 Jan 2002  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Richard Otieno Kwach, Moijo Matayia Ole Keiwua

Judgement

JUDGMENT OF THE COURT

Following conviction by a Senior Principal Magistrate at Mombasa for the offence of robbery with violence contrary to section 296 (2) of the Penal Code, Phabian Annea, the appellant, was sentenced to the Mandatory death penalty. His first appeal to the Superior Court was dismissed and hence the present appeal. The particulars of the charge against the appellant were as follows:

"PHABIAN ANNEA: On the 25th day of September, 1997 at Tononoka area in Mombasa District within Coast Province, jointly with others not before the Court, and while being armed with pistols, robbed ABDULKADIR AWADH of Motor Vehicle registration number KAH 481Q, Toyota Camr y Saloon valued at Kshs.500,000/=, one wrist watch make "QQ" valued at Kshs.800/= and cash Kshs.320/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said ABDULKADIR AWADH.".

Before us, Mr. Bryant for the appellant submitted, relying on the case of Daniel Mor…

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