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Joseph Njiru Njagi; David Njeru Ndwiga v. Republic

(2005) JELR 100602 (CA)

Court of Appeal  •  Criminal Appeal 160 of 2004  •  3 Nov 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

JOSEPH NJIRU NJAGI (first appellant) and DAVID NJERU NDWIGA (second appellant) were convicted by the Senior Resident Magistrate, Embu, of the offence of robbery with violence contrary to section 296(2) of the Penal Code and each sentenced to death. Their respective appeals which were consolidated were dismissed by the High Court.This is therefore a second appeal. The first appellant has unfortunately died during the pendency of the appeal while undergoing treatment at Naivasha District Hospital. Thus his appeal has abated under Rule 68(1)(a) of the Court of Appeal Rules.

On the night of 12/11/2000 Lilian Ciomwari Philip (PW1), the complainant, was asleep in her house at Gaciari village, Runyenjes, Embu District. At about 3 a.m., people called her to open the door of the house saying that they wanted money. She opened the bedroom window and saw six people outside whom she could not recognize at that moment.

The door of the house was broken open and some people entereā€¦

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