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SAMUEL MWANGI & ANOR
V.
REPUBLIC

(2010) JELR 95333 (CA)

Court of Appeal 12 Mar 2010 Kenya
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Case Details

Suit Number:Criminal Appeal 306 of 2008
Judges:Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Location:Malindi
Other Citations:SAMUEL MWANGI & another v. REPUBLIC [2010] eKLR

JUDGMENT OF THE COURT

The two appellants SAMUEL MWANGI, the 1st appellant and JOHN NDUNGU, the 2nd appellant, were each convicted on one count of robbery with violence contrary to section 296(2) of the Penal Code and on one count of being in possession of Narcotic Drugs contrary to section 3(1) of the Narcotic Drugs and Psychotropic Substances Control Act Number 4 of 1994. Each appellant was sentenced to suffer death in the robbery charge and ordered to pay a fine of Shs. 9,500/- on the drugs offences. Their first appeals to the High Court of Kenya at Mombasa were dismissed on 27th October 2008 by Sergon and Njagi JJ and hence this second and final appeal. The facts which the trial court and the first appellate court found proved may briefly be stated as follows: On 27th September 2004 at about 9.00 a.m. Musa Haji (PW1) a salesman with Taita/Taveta Distributors went to sell assorted cigarettes in Voi, Karioko, Tanzania, Kasarani and Mlegwa trading centres of Taita Taveta District.

He w…

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