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DOMINIC SHIBIA OMULUBI
V.
REPUBLIC

(2015) JELR 97893 (CA)

Court of Appeal 3 Jul 2015 Kenya
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Case Details

Suit Number:Criminal Appeal 55 of 2013
Judges:David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor
Location:Kisumu
Other Citations:Dominic Shibia Omulubi v. Republic [2015] eKLR

JUDGMENT OF THE COURT

1. The appellant was arraigned before the Senior Resident magistrate’s Court, Butere, on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge were that on the 16th day of January, 2007 at Shitaha Village, Shistosa Sub Location, Butere District, jointly with others not before court, while armed with dangerous weapons namely, pangas and knives, robbed Ariya Omutanyi Kitswa, PW1, of his mobile phone, a wrist watch and cash K.Shs.2,000/= and at or immediately before or immediately after the time of such robbery used personal violence against the said person.

2. After a full trial, the appellant was found guilty, convicted and sentenced to death as by law provided.

3. Being aggrieved by the said conviction and sentence, the appellant preferred an appeal to the High Court of Kenya at Kakamega. The High Court upheld the conviction and sentence and thus dismissed the appeal in its entirety.

4. This is therefore a seco…

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