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Simon Karanja Wainaina v. Republic

(2010) JELR 94233 (CA)

Court of Appeal  •  Criminal Appeal 235 of 2006  •  19 Nov 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant, Simon Karanja Wainaina alias Wakiongo, was convicted after a trial of two main counts of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to the mandatory death penalty for the offence, as also two main counts of possession of a firearm and ammunition respectively contrary to section 4(1) as read with section 4(3) of the firearms Act, Cap 114 of the Laws of Kenya, for which he was sentenced to 10 years imprisonment to run concurrently, but which sentences were ordered to be in abeyance because of the death penalty, aforesaid. The trial court did not make any finding on the alternative counts to the robbery counts of stolen property contrary to section 322 (2) (sic) of the Penal Code.

The appellant’s first appeal to the superior court having been dismissed the appellant comes to us on second appeal, and the main grounds of complaint are contained in a supplementary memorandum of appeal which his counsel, Mrs Betty…

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