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DAVID NJUGUNA WAIRIMU
V.
REPUBLIC

(2010) JELR 97907 (CA)

Court of Appeal 18 Jun 2010 Kenya
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Case Details

Suit Number:Criminal Appeal 28 of 2009
Judges:Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki
Location:Kisumu
Other Citations:David Njuguna Wairimu v. Republic [2010] eKLR

JUDGMENT OF THE COURT

Following the dismissal of his appeal to the superior court against his conviction and sentence for the offence of robbery with violence contrary to section 296 (2) of the Penal Code, David Njuguna Wairimu, the appellant, has come before us on a second appeal. In such an appeal, by dint of the provisions of section 361 (1) of the Criminal Procedure Code (C.P.C.) only issues of law may be raised. Several issues of law have been raised by the appellant in both his home-made memorandum of appeal, and a supplementary memorandum of appeal which his advocate, Mr. L.G. Menezes, filed. It should, however, be noted that Mr. Menezes abandoned all grounds, except ground 6 of the memorandum of appeal and also grounds 2 (a) 6 and 8 of the supplementary memorandum of appeal. In his submissions before us, Mr. Menezes canvassed the following grounds:- (1) The robbery charge as worded is duplex(2)The appellant’s constitutional rights were violated as:(a)He was presented to the tri…

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