JAMES MAINA WANJIRU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant James Maina Wanjiru was, on 7^th June 2002, charged before the Principal Magistrate at Nyahururu (Kathoka Ngomo) with the offence of robbery with violence and the particulars of the charge were that :-

“On the 28^Th day of May 2002 at Maina Estate in Laikipia District within Rift Valley Province jointly with others not before court while armed with a home made gun robbed Peter Macharia Ndirangu cash Kshs.500/-, two torches, two pangas (sic) and a wrist watch all valued at K.sh.1500/- and at or immediately before or immediately after the time of such robbery threatened to shoot the said Peter Macharia.”

He pleaded not guilty but after full hearing the learned magistrate reduced the charge to that of simple robbery contrary to section 296 (1) of the Penal Code; found him guilty of that charge and sentenced him to serve five years imprisonment. He felt dissatisfied with that conviction and sentence and appealed to the superior court vide High Court at Nakur…