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Tipapek Kimiti alias Ole Lemurinka v. Republic

(2006) JELR 94729 (CA)

Court of Appeal  •  Criminal Appeal 2 of 2006  •  5 May 2006  •  Kenya

Coram
John walter Onyango Otieno, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is a second appeal from the conviction entered and sentence awarded by the Senior Resident Magistrate at Kajiado (Miss. H. N. Ndungu) in the Principal Magistrate’s Court at Kajiado Criminal Case No. 232 of 2001. The appellant was in that case convicted of the offence of attempted robbery contrary to Section 297 (2) of the Penal Code. The particulars of the charge were that on the 25th day of January, 2000 at Rombo Masai Reserve Loitokitok in Kajiado District within Rift Valley Province jointly with others before court (they had already been dealt with in another case) while armed with dangerous weapons, namely; rifle, simis, pangas and stones attempted to rob MUTUKU MUNYARA of his properties and at or immediately before or immediately after the time of such attempt unlawfully wounded the said Mutuku Munyara. He had pleaded not guilty but after trial he was convicted and sentenced to death. He appealed to the superior court against the same conviction and sent…

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