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Simon Ndichu Kahoro v. Republic

(2016) JELR 94025 (CA)

Court of Appeal  •  Criminal Appeal 69 of 2015  •  19 May 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Paul Kihara Kariuki, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

[1] The appellant, Simon Ndichu Kahoro, ("Ndichu" or "appellant"), comes before us on a second appeal against his conviction on one count of robbery with violence contrary to Section 296(2) of the Penal Code. It had been alleged that on the 10th day of October, 2010, at Kiguthi Village in Gatundu South within Kiambu County, the appellant, while armed with a dangerous weapon namely, a knife, robbed Boru Abdudi Wario, ("Wario" or "Complainant"), of his cash sum of Kshs. 3,000/=, and at the time of such robbery used physical violence to the said Ndichu. Upon his conviction, the appellant was sentenced to death. His appeal to the High Court was dismissed, hence this appeal.

[2] As this is a second appeal, only matters of law may be raised - see Section 361 of the Criminal Procedure Code. We have said so in many of our decisions, including the case of Mriungi -v- Republic, [1983] KLR 455, where the following passage is found: -

"Where a right of appeal is confined to que…

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