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Titus Mutulu Kimomo v. Republic

(2010) JELR 94728 (CA)

Court of Appeal  •  Criminal Appeal 99 of 2005  •  4 Jun 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by the Senior Principal Magistrate, Naivasha of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death. His appeal to the superior court against conviction and sentence was dismissed. This is a second appeal.

The particulars of the charge alleged that on 30th September, 1999, at Naivasha Township, the appellant jointly with others not before the court while armed with a pistol robbed Humphrey Muchai Wageni of cash Shs.300/= and a motor vehicle Registration No. KWV 664 valued at Shs.100,300/= and at or immediately before or immediately after the time of the robbery used actual violence on Humphrey Muchia Wageni.

The complainant Humphrey Muchai gave brief evidence at the trial. He was a taxi operator in Naivasha Township at the material time.

The description of the robbery in the complainant’s own words is as follows:

“On 30.9.99 at about 9.30 p.m. the accused came and asked me to take him to…

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