DANIEL NDAMBIRI CHOMBA ALIAS MURIMI MUSA ALIAS KANANDA V. REPUBLIC

JUDGMENT OF THE COURT

1. The 1^st and 2^nd appellants shall, in this judgment, be referred to as Ndambiri and Murimi respectively for ease of reference. They were jointly charged, tried and convicted by Kerugoya Ag. Principal Magistrate (S. N. Mbungi) on two counts which the prosecution had framed as follows:

“ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296 (2) OF PENAL CODE.

PARTICULARS

1. ELIAS MURIMI MUSA ALIAS KANANDA

2. DANIEL NDAMBERI CHOMBA: On the 16^th December, 2007 at Komboini village in Kirinyaga District within Central Province, jointly with others not before Court being armed with dangerous weapons namely rungus, robbed JOHN KINYUA NYAGA of one bicycle make AVON F/NO BH24263 valued at Kshs.3,470/= and at or immediately before or immediately after the time of such robbery wounded the said JOHN KINYUA NYAGA.

COUNT II

ATTEMPTED ROBBERY CONTRARY TO SECTION 297 (1) OF THE PENAL CODE.

PARTICULARS

1. ELIAS MURIMI MUSA ALIAS KANANDA

2. DANIEL NDAMBERI CHOMBA

On the 16^th day of December, 2007 at…