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Solomon Sambu Kirwa v. Republic

(2019) JELR 94828 (CA)

Court of Appeal  •  Criminal Appeal 164 of 2015  •  24 Apr 2019  •  Kenya

Coram
David Shikomera Majanja

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

CORAM: D.S. MAJANJA J.

CRIMINAL APPEAL NO. 164 OF 2015

BETWEEN

SOLOMON SAMBU KIRWA............................................APPELLANT

AND

REPUBLIC.......................................................................RESPONDENT

(Being an appeal from the original conviction and sentence of Hon. C. Obulutsa, SPM

dated 13th May 2015 at Eldoret Magistrate’s Court in Criminal Case No. 5161 of 2014)

JUDGMENT

1. At the hearing of this appeal the appellant, SOLOMON SAMBU KIRWA, informed the Court that he was only pursuing the issue of sentence as he had been convicted and sentenced to death for the offence of robbery with violence contrary to section 296 (2) of the Penal Code (Chapter 63 of the Laws of Kenya). The particulars of the offence were that on 31st July 2014 at Chepngoror Village in Eldoret East District within Uasin Gishu County, jointly with another person, he robbed ABRAHAM ROTICH of Kshs. 8,000/-, a Family Bank ATM Card and a Techno…

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