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CHARLES KAGO KANANDIA
V.
REPUBLIC

(2014) JELR 103300 (CA)

Court of Appeal 4 Mar 2014 Kenya
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Case Details

Suit Number:Criminal Appeal 394 of 2009
Judges:David Kenani Maraga JA, George Benedict Maina Kariuki JA, Philomena Mbete Mwilu JA
Location:Nairobi
Other Citations:Charles Kago Kanandia v. Republic [2014] eKLR

JUDGMENT OF THE COURT

1. This is a second appeal. The appellant herein, CHARLES KAGO KANANDIA, was charged jointly with another before the Chief Magistrate’s Court Kibera with robbery with violence contrary to the provisions of section 296(2) of the Penal Code. They also faced a further count of house breaking into a dwelling house and stealing therefrom various items contrary to the provisions of section 304(1) of the Penal Code. The two accused persons were acquitted on count two and the co-accused of this appellant was further acquitted of the charge of robbery with violence, leaving this appellant to solely face the charge of robbery with violence. This appellant was convicted and sentenced to suffer death as by law provided. His appeal to the High Court was dismissed hence his sojourn to this court.

2. The appellant in his Amended Supplementary Memorandum of Appeal raises some seven grounds of appeal as here-below:-

“1. THAT the 1st Appellant (sic) Court erred in law by failing to e…

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