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Simon Maina Wandue v. Republic

(2003) JELR 94181 (CA)

Court of Appeal  •  Criminal Appeal 114 of 2002  •  17 Jan 2003  •  Kenya

Coram
Effie Owuor, Richard Otieno Kwach, Moijo Matayia Ole Keiwua

Judgement

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 …

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