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Victor Mwendwa Mulinge v. Republic

(2014) JELR 94128 (CA)

Court of Appeal  •  Criminal Appeal 357 of 2012  •  14 Mar 2014  •  Kenya

Daniel Kiio Musinga, Paul Kihara Kariuki



The appellant together with five others were charged with robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that on the 11th day of May 2003 along Argwings Kodhek Road in Nairobi, jointly with others not before the court and while armed with dangerous weapons namely, pistols, robbed Jacob Okeyo Otieno of a motor vehicle registration no. KAP 526L and at or immediately before or immediately after the time of such robbery used personal violence to the said Jacob Okeyo Otieno. After a full trial, all the other five co-accused were acquitted of the said charge but the appellant was convicted and sentenced to death as by law provided. Being dissatisfied with that conviction and sentence, the appellant preferred an appeal to the High Court (Ochieng and Achode, JJ.). The first appellate court appreciated that the trial magistrate had done a very sketchy judgment and took upon itself to evaluate all the evidence that w…

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