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Jackson Kinuthia Kungu & others v. Republic

(2011) JELR 105076 (CA)

Court of Appeal  •  Criminal Appeal 493 of 2007  •  14 Oct 2011  •  Kenya

Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu



Before the Senior Principal Magistrate’s Court at Kibera, five counts were preferred against the appellant before us, Jackson Kinuthia Kungu and others. In the first and third courts, he was charged together with two others with the offences of robbery with violence contrary to section 296 (2) of the Penal Code. In respect of the second count, he stood charged with two others with the offence of robbery contrary to section 296 (1) of the Penal Code and as to the fourth count, he was charged again with the same two others with the offence of shop-breaking and stealing contrary section 306 (a) of the Penal Code. Lastly in the fifth count the appellant was charged with three others with the offence of burglary contrary to section 304 (1) and stealing contrary to section 279 (b) of the Penal Code. They all denied the offences but after full hearing, the Senior Principal Magistrate found three of them guilty of the offence of shop breaking and stealing contrary to sect…

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