DAVID NJERU KIBUTHU ,JOSEPH MBOGO KINYUA & DAVID NJERU MWENDWA V. REPUBLIC

JUDGMENT OF THE COURT

This is an appeal by DAVID NJERU MWENDWA who is the 3rd appellant and was the 2nd accused in Criminal Case No.49 of 1994 in the Principal Magistrate’s Court at Embu, DAVID NJERU KIBUTHU who is the 1st appellant and was the 1st accused and Joseph Mbogo Kinyua who is the 2nd appellant and was the 3rd accused. The appeal is from the judgment of the superior court (Mwera and Juma JJ) sitting in Nyeri dated 26thNovember 1998 in Criminal Appeal No. 299 of 1998. There were also two other accused persons but they were acquitted by the trial magistrate and they were not parties to either the first appeal before the superior court or the second appeal to this Court. The particulars of the offence as set out in the charge sheet, after the names of the five accused persons, were as follows:- “On the 1st day of January 1994 at 1.30 a.m. at Kangaru village in Embu District within the Eastern Province, jointly with others not before the court robbed Dr. Mohammed Mushtaq of cash …