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(2015) JELR 93924 (CA)

Court of Appeal  •  Criminal Appeal 15 of 2014  •  20 Nov 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu



The appellant was charged with robbery with violence contrary to section 296(2) of the Penal Code. The prosecution case was that at around midnight on 7th April, 2009, Washington Omolo Auko, PW1, (the complainant) was asleep in his house with his family when he heard noise from his cowshed. He peeped through the window and saw about 10 people, one of whom was the appellant, with torches in his cowshed. Realizing that they had been seen, those people threw stones to the complainant’s house and smashed his glass windows. Thereafter they stole his two head of cattle valued at Ksh.30,000/=.

The complainant reported the matter to police but the appellant could not be traced at his home. He surfaced after several days, was arrested and later charged with the said offence.

After trial the appellant was convicted and sentenced to death. His appeal to the High Court was dismissed thus provoking this second appeal.

Having perused the record, we agree with Mr. Okoth, learned co…

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