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JOHN MWAURA MUCHIRI
V.
REPUBLIC

(2007) JELR 101299 (CA)

Court of Appeal 6 Jul 2007 Kenya
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Case Details

Suit Number:Criminal Appel 127 of 2005
Judges:Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Philip Nyamu Waki
Location:Nairobi
Other Citations:JOHN MWAURA MUCHIRI v. REPUBLIC [2007] eKLR

JUDGMENT OF THE COURT

John Mwaura Muchiri (or John Mwaura Machiri, as appears in the original handwritten charge sheet) (“the appellant”) comes before us on his second and last appeal after the first appeal was dismissed by the superior court (Ochieng and Makhandia JJ) on 27th July, 2004. He was originally tried and convicted before the Chief Magistrate’s Court at Thika on three counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to suffer death on each count. In passing, we must observe that the manner of sentencing, which the superior court upheld, was improper since the appellant could not be hanged thrice over! This court has said ad nauseum that where an accused person is convicted on more than one capital charge, the sensible thing to do is to sentence him to death on only one of the counts and leave the others in abeyance, including any sentence of imprisonment – see, for examples, Muiruri v. R [1980] 1 KLR 70, Abdihussei…

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