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David Njuguna Njoroge v. Republic

(2005) JELR 97220 (CA)

Court of Appeal  •  Criminal Appeal 236 of 2002  •  20 May 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

DAVID NJUGUNA NJOROGE, the appellant herein, was tried and convicted by a Senior Resident Magistrate at Nyeri on one count of robbery with violence contrary to section 296(2) of the Penal Code, and upon the conviction, he was sentenced to death as is the mandatory requirement of the law. The particulars of the charge on which he was convicted were that on 24th December, 2000 at Karatina Township in Nyeri District, Central Province, while armed with dangerous weapons namely knives and iron bars, the appellant, jointly with two other persons who were tried with him, robbed WILSON WAIGWA MWANGI of Shs.210/- and that during the robbery, they used actual violence against Waigwa Mwangi. The two other people who were tried with the appellant were acquitted by the magistrate. The appellant then appealed to the High Court, but that court dismissed his appeal by its judgment dated and delivered on 31st July, 2002. The appellant now appeals to this Court and this being a se…

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