JAMES MURIUKI KAMAU & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

The two appellants jointly with one Charles Nderitu Gakuru, who died after conviction and sentence, were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. It was alleged that on 11^th February, 2001 at Rititi Trading Centre, in Nyeri District, the three jointly with others not before court, while armed with dangerous or offensive weapons, namely Toy pistol , pangas, iron bars, simis and clubs, robbed Lydia Gathigia Nyamu one B/W T.V. make Sanyo S/No. 192622, one radio cassette make Phillips S/No. 700503, one Afrigas cylinder, sewing machine head make singer S/No. 054057 and a Thermos Flask all valued at Kshs.28,300/- and that they used actual violence to the said Lydia Gathigia Nyamu during that robbery. Each appellant faced a separate count of handling stolen goods contrary to section 322 (2) of the Penal Code.

The trial of the appellants (and their co-accused Charles Nderitu Gakuru) commenced on 13^th June, 2001 before …