Case Metadata |
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| Case Number: | Criminal Appeal 22 of 1994 |
|---|---|
| Parties: | Bonface Njoroge v Republic |
| Date Delivered: | 01 Oct 1997 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Order |
| Judge(s): | Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Richard Otieno Kwach |
| Citation: | Bonface Njoroge v Republic [1997] eKLR |
| Case History: | (Appeal from a judgment of the High Court of Kenya at Nairobi (Mr. Justice S.O. Oguk & Mr. Justice Msagha Mbogholi) dated 25th November, 1993) IN H.C.C.CR. NO. 733 OF 1988) |
| Court Division: | Criminal |
| Parties Profile: | Individual v Government |
| County: | Nakuru |
| History Docket No: | H.C.C.CR. NO. 733 OF 1988 |
| History Judges: | Amraphael Mbogholi-Msagha, Samwel Odhiambo Oguk |
| Case Summary: | [Order] Criminal Practice and Procedure - appeal - appeal against judgment of the High Court reducing the offence from robbery with violence to simple robbery - appellant warned that the appeal court would restore the original sentence of death imposed by the trial court - appellant choosing to proceed with the appeal. |
| History County: | Nairobi |
| Case Outcome: | Appeal allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAKURU
BONFACE NJOROGE………….……………APPELLANT
AND
REPUBLIC………………………..………RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nairobi (Mr. Justice S.O. Oguk
& Mr. Justice Msagha Mbogholi) dated 25th November, 1993)
IN
H.C.C.CR. NO. 733 OF 1988)
*************************
ORDER OF THE COURT
The appellant has been informed by this Court that should he continue with this appeal there is a possibility that this court will restore the original sentence of death as ordered by the then Senior Resident Magistrate. The appellant has been explained that the judgment of the superior court reducing the offence to that of simple robbery as distinct from Robbery with Violence was contrary to law. The appellant has understood what has been explained to him and opts to withdraw this appeal. We allow such withdrawal and order that this appeal be and is hereby dismissed.
Made at Nairobi this 1st day of October, 1997.
R.O. KWACH
……………………..
JUDGE OF APPEAL
P.K. TUNOI
………………………..
JUDGE OF APPEAL
A.B. SHAH
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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