IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Kwach, Owuor and Keiwua JJ A)
CRIMINAL APPEAL NO 114 OF 2002
SIMON MAINA WANDUE .............. APPELLANT
VERSUS
REPUBLIC....................................RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nairobi
(Patel and Waweru, JJ) dated 30th October, 1998 in
HCCR Appeal No 684 of 1997)
JUDGMENT
The appellant, Simon Maina Wandue, was convicted by the Principal Magistrate at Nairobi on a charge of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death. His appeal to the superior court (Patel and Waweru, JJ) against both conviction and sentence was dismissed. He now comes before us on this second appeal which in terms of section 379(1) of the Criminal Procedure Code must only be limited to points of law.
The appellant was not represented in both the lower court and the superior court and therefore filed his own memorandum of appeal. Mr Mogikoyo who argued the appeal before us sought our leave, which …