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REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
CRIMINAL APPEAL 44 OF 1986
JOHN KARANJA GITONGI........................APPELLANT
v.
REPUBLIC.................................................RESPONDENT
JUDGMENT
On June 4, 1984, at the senior resident magistrate’s court Kisumu, a trial before the senior resident magistrate this appellant and four others were jointly convicted of robbery contrary to section 296(1) of the Penal Code and each sentenced to 9 years’ imprisonment with 9 strokes corporal punishment on each count, the sentence of imprisonment to run concurrently. Their appeals to the High Court (Aluoch) were dismissed.
John Karanja Gitongi who was the third accused and also the third appellant in the High Court now appeals against his conviction on the following point of law: the judge erred in holding that his statement to the police under charge and caution which was retracted and repudiated was corroborated by the evidence of PW1 and PW2.
learned state counsel Mrs Mule, su…