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JOSEPH MWATHI NYANJUI
V.
REPUBLIC

(2018) JELR 100620 (CA)

Court of Appeal 2 Feb 2018 Kenya
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- The appellant, Joseph Mwathi Nyanjui, was convicted and sentenced to death for robbery with violence by the Senior Principal Magistrate's Court at Kiambu on 28th February 2013. His first appeal to the High Court was dismissed, leading to

Case Details

Suit Number:Criminal Appeal 4 of 2015
Judges:Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame, Kathurima M'inoti
Location:Nairobi
Other Citations:Joseph Mwathi Nyanjui v. Republic [2018] eKLR

JUDGMENT OF THE COURT

On 28th February 2013, the Senior Principal Magistrate's Court atKiambu convicted the appellant, Joseph Mwathi Nyanjui, and sentenced him to death for the offence of robbery with violence contrary to section 296(2) of the Penal Code. Mwongo and Achode, JJ. dismissed his first appeal to the High Court on 18th December 2013, prompting the appellant to lodge this second appeal in the Court of Appeal.

The concurrent findings of the trial and the first appellate court were that Tabitha Muthoni Kingori (PW1), Beatrice Njambi Mukuria (PW2), and Juliet Wanjiku, who did not testify in the appellant’s trial, were all members of Guthairira Women Group, a duly registered welfare association with the Department of Social Services, Ministry of Gender, Sports, Culture and Social Services. Anne Wangui Kinuthia (PW3) was the chairlady of the Group, which had managed to raise from its members a sum of Kshs 184,720 for their welfare. On 13th April 2011 they met at PW3’s house at Far…

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