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Queresh Muli Mutinda, Antony Musango Ndunda & Julius Ndali Muli v. Republic

(2010) JELR 96463 (CA)

Court of Appeal  •  Criminal Appeal 383 of 2009  •  10 Dec 2010  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

Although Julius Ndali Muli is shown as a 3rd appellant in this appeal, that is an error by the registry as he died on 10th July, 2007 before his appeal in the superior court was heard. Indeed, the superior court marked his appeal as abated on 15th July, 2009. As a consequence, the record of appeal is rectified by deleting his name to reflect QURESH MULI MUTINDA as the first appellant and ANTONY MUSANGO NDUNDA as the second appellant. The two appellants and the deceased were convicted by the Senior Resident Magistrate Machakos of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death. The appellants’ first appeals to the superior court were dismissed hence the present appeal. The appellants were alleged to have robbed Richard Mutinda Nzioka (complainant) of cash Shs.6,700/= and a pair of safari boots on the night of 13th September, 2006 at 12.30 a.m. The 1st appellant Queresh Muli Mutinda and the 2nd appellant Antony Musango Ndu…

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