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Joseph Njuguna Muchoki v. Republic

(2006) JELR 100594 (CA)

Court of Appeal  •  Criminal Appeal 62 of 2003  •  3 Mar 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

Joseph Njuguna Muchoki, the appellant herein was arraigned before the Chief Magistrate’s Court at Nakuru where he was charged with robbery with violence contrary to section 296(2) of the Penal Code. The plea was taken before the Principal Magistrate, Mr. H. K. Bomett on 10th September, 1999 when the appellant pleaded “Not Guilty” to the charge. The record of proceedings shows that Inspector Kiptum appeared as the Court prosecutor. The learned Principal Magistrate then fixed the case for hearing on 8th November, 1999. There were usual mentions of the case after every two weeks up to 5th November, 1999 when the matter was mentioned before an Acting Senior Resident Magistrate, Mrs. S. Muketi. The record of the proceedings for that day shows as follows:

“5-11-99

Before S. Muketi – (Mrs) Ag. SRM.

CP-Sgt. Winnie

Court Clerk – Njoroge

Accused present

COURT

Hearing on 8-11-99

S. MUKETI (Mrs)

Ag. SRM.”

Come 8th November, 1999 and the record of proceedings for that day shows…

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