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JUMA MOHAMED GANZI & 2 OTHERS
V.
REPUBLIC

(2005) JELR 100427 (CA)

Court of Appeal 21 Jan 2005 Kenya
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Case Details

Suit Number:Criminal Appeal 275 of 2002
Judges:Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji
Location:Mombasa
Other Citations:Juma Mohamed Ganzi & 2 others v. Republic [2005] eKLR

JUDGMENT OF THE COURT

The first appellant, Juma Mohamed Nganzi (Juma); the second appellant, Ramadhani Mohamed Govi (Mohamed); the third appellant, Hassan Hussein Mwambiega (Hassan) and one Kassim Ali Mwafamau (Kassim), were jointly charged with six counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code in counts I, II, III, IV, v. and VI respectively; two counts of arson contrary to section 332 (a) and (b) of the Penal Code in counts VII and VIII; and one count of assault causing actual bodily harm contrary to section 251 of the Penal Code in count IX. Kassim who was the fourth accused at the trial was charged with an alternative charge of consorting with armed bandits contrary to section 89 (1) and (2) of the Penal Code. The three appellants were each convicted of the six offences of robbery and sentenced to death on each of the six counts.

They were also convicted on the two offences of arson and each sentenced to one year imprisonment; the senten…

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