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Stephen Thiga Maina v. Republic

(2013) JELR 96665 (CA)

Court of Appeal  •  Criminal Appeal 32 of 2008  •  14 Jun 2013  •  Kenya

Coram
Erastus Mwaniki Githinji, John Wycliffe Mwera, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant was charged in the subordinate court at Thika with one count of robbery with violence contrary to section 296 (2) of the Penal Code in that on 13th May, 2005 at Makongeni Estate, Thika, with others not before court while armed with a dangerous weapon namely AK 47 rifle, they robbed Joseph Muthagya of various personal and household goods together with cash. That during or after such robbery the robbers threatened to use actual violence against Joseph Muthagya.

After due trial the appellant was found guilty, convicted and sentenced to suffer death. He appealed to the superior court (Nairobi Criminal Appeal No. 182 of 2006) on the grounds that his identification could have been mistaken and that the evidence laid before the subordinate court was insufficient, inconsistent and contradictory. Further that his defence had not been considered.

The superior court heard the appeal (Ojwang, Dulu, JJ) and dismissed it on 4th March, 2008 - hence this second appeal…

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