JOHN ANDREA RIZIKI, PAUL NJUGUNA NG'ANG'A, JULIUS PAUL KANGETHE, PETER MWANGI NG'ANG'A & 13 OTHERS V. REPUBLIC

JUDGMENT OF THE COURT

This is an appeal against an order for Revision made by the superior court (V.V. Patel, J) on 4th August, 1999 by which he, suo moto, set aside the proceedings which followed the entry of plea of guilty by all the seventeen appellants here.

The order for Revision was made in respect of the 'conviction' and sentence entered by Mr. A. El-Kindy, a Senior Resident Magistrate at Kibera. The history of the matter is that the seventeen appellants were charged before the said court at Kibera on two counts particulars whereof are as follows:

Count 1:On the 31st day of December, 1998 the seventeen accused persons, along Duruma Road, in Nairobi, within Nairobi area, jointly with others not before the court broke and entered to (sic) KEBERE SHOW MAKERS SHOP and stole therein five doors, 3 tables, a chair, a National T.V., two radio cassettes, one video tape, three suit cases, 5 sufuria, 30 spoons, one form bench and assorted clothes all valued K.shs.332,000/= the property of Mr…