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Simon Morara Onchonke v. Republic

(2011) JELR 94462 (CA)

Court of Appeal  •  Criminal Appeal 60 of 2010  •  10 Jun 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by the Senior Principal Magistrate, Nakuru for robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death.

His first appeal to the superior court against conviction and sentence was dismissed; hence this appeal.

The particulars of the charge alleged that on 24th June, 2003 at Naivasha township, the appellant jointly with others not before the court robbed Antony Nzuki Mulei of his jacket and Kshs.10,000/=.

The prosecution called three witnesses to support the charge, namely, Antony Nzuki Mulei (PW1) (Antony), Peter Kaburu ole Lekaiya (PW2), (Peter), and PC. Lawrence Ledada (PW3) the arresting officer.

The evidence of Antony and Peter was briefly as follows: Antony is employed as a driver of motor vehicle registration No. KTW 559, while Peter is employed as a conductor. They buy and transport goods in Narok, Nakuru and Nairobi. On 24th June, 2003 they arrived at Naivasha at 9.30 a.m. Thereafter they took the v…

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