JACKSON WANYOIKE NJUGUNA & JOSEPH MAINA NJOROGE V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is a second appeal against the appellants’ conviction and sentence for the offence of robbery with violence. As such, this Court is alive to the fact that by dint of Section 361 (1) of the Criminal Procedure Code, its jurisdiction is confined to matters of law only. Furthermore, we remind ourselves that this Court will normally not interfere with concurrent findings of fact by the two courts below unless such findings are based on no evidence, or are based on a misapprehension of the evidence, or the courts below are shown demonstrably, to have acted on wrong principles in reaching their findings. This much was restated by this Court in Alvan Gitonga Mwosa v. Republic [2015] eKLR.

[2] With the above in mind, a brief background of the matter as presented before the trial court was that on 25th June, 2007 at around 5.30 am, whilst going to work, the complainant Anthony Muchiri (PW 1) a soldier at the material time based at the Moi Air Base Eastleigh, somewhe…