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Samuel Maina Mwangi v. Republic

(2014) JELR 96374 (CA)

Court of Appeal  •  Criminal Appeal 53 of 2011  •  20 Mar 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] Samuel Maina Mwangi (appellant) was charged with two counts: robbery with violence contrary to Section 296(2) of the Penal Code and Personating a Public Officer contrary to Section 5(b) of the Penal Code. He pleaded not guilty to both counts before the Chief Magistrate’s Court at Nakuru. The evidence against the appellant was by a single Prosecution’s witness. On the basis of this evidence, the appellant was found guilty of the main count of robbery with violence, convicted and sentenced to death.

[2] Aggrieved by both the conviction and sentence, the appellant appealed before the High Court. In a judgment dated 16th April, 2011; the High Court, Wendoh and Emukule, JJ., dismissed the appellant’s appeal. The outcome of that appeal before the High Court is what has provoked this appeal that was argued before us on the basis of the 13 grounds stated in the supplementary grounds of appeal to wit:

The Superior Court erred in law by confirming the conviction on the ba…

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