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(2006) JELR 96446 (CA)

Court of Appeal  •  Criminal Appeal 64 of 2006  •  21 Jul 2006  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji



The appellant, Ramadhan Ali, was after trial convicted of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. His first appeal to the High Court of Kenya at Mombasa (Mwera and Maraga, JJ) was dismissed on 6th September, 2005. This is therefore a second and final appeal.

The particulars of the offence in respect of the charge were given as follows:-

“Ramadhan Ali: On the 22nd day of December 2001 at about 6.00a.m at Shika-Adabu Location in Mombasa District within Coast Province, jointly with others not before court being armed with knives robbed WAMBUA JOSEPH a bicycle valued at Kshs. 3,000 and cash Kshs 2,400 and at or immediately before or immediately after the time of such robbery used actual violence to the said WAMBUA JOSEPH”

The facts leading to the appellant’s conviction can briefly be stated thus. The complainant Wambua Joseph (PW1) was cycling to the market at about 6.30 am when he was menacingly accosted by a group of t…

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