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Daniel Mwathi Njaramba ,John Ngunjiri Gichine, Peter Nderitu Mwangi v. Republic

(2013) JELR 106814 (CA)

Court of Appeal  •  Criminal Appeal (Application) 233 of 2012  •  10 Dec 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

RULING OF THE COURT

Before us is a Notice of Motion application filed by Daniel Mwathi Njaramba, the 1st appellant, brought pursuant to Rules 31 and 42 of the Court of Appeal Rules (the Rules). The 1st appellant seeks the following orders:-

  • The Honourable Court be pleased to call for and receive the Occurrence Book No. 62 of 8th February, 2008 from Nyeri Police Station, and admit the same as part of the record of appeal herein.

The grounds upon which the 1st appellant relies on in support of his application are that firstly, the trial magistrate's court and the superior court (High Court) came to a concurrent finding that the applicant (1st appellant) was guilty of the offence of robbery after agreeing with the prosecution's case that the applicant had robbed PW1 and PW2 yet PW1 did not tell the police the names of his attackers and PW2 did not report the robbery to the Nyeri Police station. Secondly, that this is the applicant's last opportunity to argue his appeal and he ought to be g…

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