JAMES MAINA NJOGU V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal from the judgment of Juma and Ombija JJ. in High Court Criminal Appeal No. 250 of 2001. The appellant is James Maina Njogu who was the second accused and who was charged together with Nicholas Muriithi (the 1^st Accused) and Henderson Murimi (the 3^rd Accused) with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were:-

“On the 10^th day of November, 2000 at Mutuma village, in Kirinyaga District, within Central Province, jointly with others not before court while armed with dangerous we open (sic) namely knives and similes (sic) robbed Mark Wachira Kangangi he (sic) pair of shoes valued (sic) to Kshs.500 and cash 250 Kshs and at or immediately before or immediately after the time of such robbery wounded the said Mark Wachira Kangangi.”

The Principal Magistrate who tried the appellant at Kerugoya came to the conclusion in his judgment with regard to the appellant that:-

“I found overwhelming eviden…