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Samuel Kiunga Gatunga v. Republic

(2013) JELR 95084 (CA)

Court of Appeal  •  Criminal Appeal 464 of 2010  •  6 Feb 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Martha Karambu Koome

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by the Chief Magistrate, Meru of the offence of robbery with violence contrary to section 29(b)(2) of the Penal Code and sentenced to death. His appeal in the High Court against conviction and sentence was dismissed.

The appellant was alleged jointly with another, to have robbed Mohamed Abdi Noor Shariff of a mobile phone worth Shs.7,000/- on 21st March, 2006 while armed with a gun.

The complainant Mohamed Abdi Noor Shariff (Shariff) testified at the trial that he was in his house on the material day at 8.00 p.m., that a person whom he identified as the appellant entered into the house saying that he was a police officer and demanded money; that he was joined by another person who was armed with a gun; that the appellant took his mobile phone and handed it over to the gunman who escaped; that the complainant's daughter Aisha Shariff Mohamed [PW2] (Aisha) closed the door before the appellant escaped trapping the appellant inside; that comp…

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