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David Wachira Kinyua v. Republic

(2006) JELR 102778 (CA)

Court of Appeal  •  Criminal Appeal 21 of 2005  •  4 Aug 2006  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji



In this second appeal, David Wachira Kinyua (the appellant), attacks his conviction and sentence for the offence of robbery with violence contrary to section 296(2) of the Penal code, whose particulars allege that: “On the 11th day of September, 2000 at Karaini Village in Kirinyaga District within Central Province jointly with another not before court and while being armed with torches, rungus and pangas, robbed Mary Wagatwe Maina of one television set, one sewing machine head, one radio cassette, one bicycle and cash money 1,000/= total valued at Kshs.29,500/= and at immediately before or immediately after the time of such robbery harmed the said Mary Wagatwe Maina.” (the complainant).

The appellant was convicted by a Senior Resident Magistrate, at Kerugoya, after trial. He was jointly charged, tried and convicted with Edward Wachira, who was however acquitted by the superior court on first appeal, of the robbery count, second count of rape contrary to section 140…

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