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Charles Njoroge Ngige v. Republic

(2016) JELR 103258 (CA)

Court of Appeal  •  Criminal Appeal 33 of 2015  •  22 Feb 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant CHARLES NJOROGE NGIGE was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars were that: “On the 6th day of August 2008, at Ngara Area in Nairobi North District within Nairobi area province (sic) jointly with others not before court while armed with dangerous weapons (sic) namely pistol robbed GODFREY IKINGU NJENGA off (sic) motor vehicle registration No. KAD 166H Toyota Corolla, One mobile phone make Motorolla C118, and Kshs. 760.00, all valued at Kshs. 204,760.00 and at or immediately before or immediately after such robbery threatened to use personal violence to the said GODFREY IKINGU NJENGA.”

The appellant pleaded not guilty to the charge and the trial commenced before Hon. T. ole Tanchu, the then Senior Resident Magistrate, Makadara who recorded the evidence of PW1, GODRET KEGE NJENGA and PW2 PENINA WAMBUI GICHUGU. On 9th February, 2010 the trial was taken over by Hon. T. Mwangi, the t…

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