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Stephen Kinoti v. Republic

(2006) JELR 95125 (CA)

Court of Appeal  •  Criminal Appeal 187 of 2003  •  19 May 2006  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is a second appeal by STEPHEN KINOTI (hereinafter “the appellant”) from the judgment of the High Court of Kenya at Meru (Juma and Tuiyot, JJ.) dismissing his appeal from his conviction and sentence of death for robbery with violence contrary to section 296(2) of the Penal Code by the Senior Resident Magistrate P.M. Ndungu in Criminal Case No. 2550 of 1998 in the Chief Magistrate’s Court at Meru.

The particulars of the offence charged were that on the 17th day of February 1998 at Kaguma Trading Centre, Gatimbi Location of Meru Central District jointly with another not before court while armed with an offensive weapon namely a knife robbed Simon Kirema of cash Kshs.8,000/= and at or immediately before or immediately after the time of such robbery wounded the said Simon Kirema.

The facts presented to the trial court by the prosecution were brief. The complainant Simon Kirema (PW1) is a farmer and also a businessman dealing in building materials. He lives at Tigani…

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