IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: GITHINJI, MAKHANDIA and SICHALE, JJ.A.)
CRIMINAL APPEAL NO. 493 OF 2010
BETWEEN
JOSEPH WAMBUA MASOO ...................................................APPELLANT
AND
REPUBLIC ..........................................................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Mombasa (Ojwang and Azangalala, JJ) dated 22nd September, 2010
in
H.C.CR.A.NO.263 OF 2008)
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JUDGMENT OF TGHE COURT
The appellant was convicted by the Senior Resident Magistrate, Kwale on three counts of robbery with violence contrary to section 296(2) and was sentenced to death. He was initially charged with two others. The 3rd co-accused, John Muganda Muia was however acquitted by the trial court at the conclusion of the trial under section 215 of the Criminal Procedure Code for want of evidence whereas the appellant and the remaining co-accused, John Munuve Musyoki were convicted and sentenced to death. The duo then proceeded…