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Charles Eloba Rekemo v. Republic

(2005) JELR 94479 (CA)

Court of Appeal  •  Criminal Appeal 16 of 2003  •  25 Feb 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The appellant, Patrick Kamau Chege, was charged with two counts of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the offence were that on the 11th of November 2000 at Millenium Bar, Molo Township, Nakuru District, the appellant jointly with others not before court, while armed with crude weapons namely iron bars, rungus, pangas and home made guns robbed Anne Muthoni and John Njoroge Mugo of cash and other items stated in the charge sheet and at or immediately before or immediately after the time of such robbery used personal violence to the said Anne Muthoni and John Njoroge Mugo. The appellant pleaded not guilty to both counts. After a full trial the appellant was convicted as charged on both counts. He was sentenced to death as mandatorily provided by the law. The appellant was aggrieved by the said conviction and sentence and has appealed to this court.

In his Petition of Appeal, the appellant has basically raised two iss…

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