JAMES MWANGI KARURU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted by the Principal Magistrate, Muranga, of three counts namely robbery with violence contrary to section 296(2) of the Penal Code, in count 1; burglary and stealing contrary to sections 304(1) and 279 (b) of the Penal Code in count II and shop-breaking and stealing contrary to section 306(a) of the Penal Code in count III. He was sentenced to death in count 1; 5 years and 5 strokes of the cane in count II and 5 years and 5 strokes of the cane in count III. We note in passing that the learned magistrate erred in imposing one sentence in count II. The learned magistrate should have imposed sentence for the offence of Burglary contrary to section 304 (1) and a separate sentence for the offence of stealing contrary to section 279(b) of the Penal Code. The sentences imposed in the two courts should have been ordered to run concurrently.

His appeal to the superior court against the conviction and sentence was dismissed save that sentence of corp…