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Stephen Mutua Mutumba alias Osama v. Republic

(2013) JELR 96666 (CA)

Court of Appeal  •  Criminal Appeal 247 of 2009  •  14 Jun 2013  •  Kenya

Coram
David Kenani Maraga, William Ouko, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

1. In the beginning four (4) persons, namely, STEPHEN MUTUA MUTUMBA alias OSAMA, JOB MWANIA MUTUKU alias BOYEE, MICHAEL MULINGE MULI, and RICHARD MUTETI MULI alias Doctor were charged before the Machakos Chief Magistrate’s Court with the offence of robbery with violence contrary to section 296(2) of the Penal Code. They took plea on the 9th day of December 2003 and denied having committed the offence. At the conclusion of the trial the 4th accused person, Richard Muteti Muli was acquitted for lack of any evidence tending to show that he was part of the gang that robbed the complainant on 26th/27th September, 2003. The first, second and third accused persons were, however, found guilty as charged, convicted and sentenced to suffer death as by law provided. Their appeals to the High Court suffered the following fate, that of STEPHEN MUTUA MUTUMBA alias OSAMA (the appellant) was dismissed for lack of merit whereas those of Michael Mulinge Muli and Job Mwania Mutuku a…

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