Login Register

Tetu Ole Sepha v. Republic

(2011) JELR 96408 (CA)

Court of Appeal  •  Criminal Appeal 15 of 2008  •  13 Apr 2011  •  Kenya

Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu



The appellant, Tetu ole Sepha was tried and convicted in the Senior Principal Magistrate, Kibera of the offence of robbery with violence contrary to section 296(2) of the Penal Code. Upon his conviction, he was sentenced to death. Aggrieved by the verdict the appellant appealed to the superior court but the appeal was dismissed both as against conviction and sentence and this is what provoked the appeal before us.

In the trial court the prosecution case was that on 23rd day of January 2004 at Ongata Rongai, Kajiado District within Rift Valley Province jointly with others not before the Court, while armed with dangerous weapons, namely pistols and pangas he robbed Nickson Kibungi (deceased) cash Kshs.10,000, and at or immediately before or immediately after the time of such robbery shot the deceased.

Rose Muturi Kibungi, PW1, the widow of the deceased Nickson Kibungi, testified that the deceased was a businessman and that he used to supply building materials to contr…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login