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(2006) JELR 95030 (CA)

Court of Appeal  •  Criminal Appeal 100 of 2005  •  10 Nov 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji



On 28th June, 2001, Stephen Kariuki Wangari, the appellant herein, was convicted and sentenced to death on one count of robbery with violence contrary to section 296(2) of the Penal Code and the particulars of the charge were that on 11th February, 2001 at 9:00 p.m. at Majengo Estate in Thika, jointly with another not before the Court, while armed with a knife, they robbed Mwaniki Nganga of cash K.Shs.300/= and that during the robbery they used actual violence to the said Mwaniki Nganga. It appears that from the single conviction and sentence, the appellant filed two separate appeals in the superior court. The first appeal was registered as Criminal Appeal No. 738 of 2001; the second one was registered as No. 744 of 2001. Why the appellant chose to file two appeals at about the same time is a matter upon which we can only speculate.

Criminal Appeal No. 744 of 2001 was heard by Lessit, J. and Ochieng, Ag.J. (as he then was) on 1st July, 2004. The two learned Judges …

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