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Simon Muchino Thiaka v. Republic

(2006) JELR 96508 (CA)

Court of Appeal  •  Criminal Appeal 118 of 2002  •  10 Feb 2006  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

JUDGMENT OF THE COURT


The appellant, Simon Muchino Thiaka, was convicted of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death by the learned Chief Magistrate at Nairobi (Mr. P.N. Mugo). The particulars of the offence were that:-

"On the 28th day of February, 1995 at Pangani Estate Chai Road within the Nairobi Area, jointly with another not before court, while armed with a knife robbed LYDIA WAIRIMU a Television Set Great Wall (?) a sanyo radio Phillips, radio cassette, electric iron box, 17 pairs of shoes, 7 bed sheets, 8 blankets, 12 trousers, 15 shirts, 8 T-shirts, 6 pairs of socks,

6 pillow covers, 24 plates, 12 tea cups, 35 spoons, 24 forks, 8 table clothes, 2 air fans, 6 sufurias, one box, a godfather hat and documents all valued at K.Shs.45,0001= and at or immediately before or immediately after the time of the robbery caused the death of the said LYDIA WAIRIMU.

There was an alternative charge of handling stolen goods contrary to section322(2)…

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