Login Register

Francis Mbijiwe Itere, Joshua Kinyua Manyara, Silas Jomal Ibwathu, Richard Maina Kimotho,Laban Kinoti Ntiritu & Isaac Mutuma Torocho v. Republic

(2013) JELR 105486 (CA)

Court of Appeal  •  Criminal Appeal 230 of 2008  •  13 Nov 2013  •  Kenya

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



[1] On the night of 29th March, 2005, there was a spate of robberies at Mwireri and the neighboring Silent area within Laikipia District. Several houses were broken into by a gang of robbers. The robbers terrorized the residents of several houses where they broke in, through beatings, threats of death or serious bodily injuries and stole from them several items that are listed in the charge sheet. A total of nine suspects were arrested and they were jointly charged before the Senior Resident Magistrates’ Court at Nanyuki with three counts of robbery with violence contrary to Section 296(2) of the Penal Code.

[2] They all pleaded not guilty. After trial, 4 of the suspects who were charged as the 1st, 4th 6th and 8th accused persons before the trial court were acquitted of the charges under the provisions of Section 215 of the Penal Code. The remaining 2nd, 3rd, 5th, 6th 7th and 9th accused persons were found guilty of the main counts of robbery with violence and sen…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login