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Stephen Matu Kariuki, Raphael M. Kingori & Samwel S. Kithongo v. Republic

(1996) JELR 94472 (CA)

Court of Appeal  •  Criminal Appeal 81 of 1988  •  11 Oct 1996  •  Kenya

Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire



All the appellants were convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code, by the learned Principal Magistrate and sentenced to death. The evidence that was led against the appellants, and upon which the learned Principal Magistrate relied in convicting them, consists of that of eye witnesses to the commission of the offence and the confession statements of the first and third appellants.

Mohamed Ali, his wife Rashira and his shop assistant Dilo Kaingu, were in his spare parts shop on the afternoon of the fateful day when four persons came into the shop two at a time, pretending to be shoppers. When the other shoppers who were already in the shop left, one of the four, produced a pistol and ordered Mohamed Ali, his wife and Dilo Kaingu to lie down. There was not enough space for them to do this so Mohamed Ali and his wife squatted behind the counter. Dilo Kaingu, who had at the time, gone to look for the spare parts that…

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