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STEPHEN MUTINDA MWANZIA
V.
REPUBLIC

(2014) JELR 94368 (CA)

Court of Appeal 14 Nov 2014 Kenya
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Case Details

Suit Number:Criminal Appeal 205 of 2012
Judges:Philip Nyamu Waki, John Wycliffe Mwera, George Benedict Maina Kariuki
Location:Nairobi
Other Citations:Stephen Mutinda Mwanzia v. Republic [2014] eKLR

JUDGMENT OF THE COURT

1. The appellant, Stephen Mutinda Mwanzia, has lodged in this Court a second appeal against his conviction and death sentence meted out to him on 25th January 2008 by the Acting Principal Magistrate (Hon. D.M. Ochenja) in Criminal Case No.80 of 2006 in the Senior Resident Magistrate court at Mwingi for the offence of robbery with violence contrary to Section 296(2) of the Penal Code Chapter 63 of the Laws of Kenya. His appeal to the High Court (H.P.G. Waweru and J.W. Lesiit, JJ.) was dismissed on 24th August 2011 in criminal appeal No.180 of 2008 at Machakos.

2. The appellant faults the High Court decision for upholding his conviction and sentence. He relies on only two grounds of appeal which his counsel, Mr. Mogikoyo, urged before us when the appeal came up for hearing on 17.02.2014. These grounds are:-

"1. That the learned High Court Judges erred in law in failing to find that the trial of the appellant at the Magistrate's Court did not comply with the provisions…

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