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Joseph Njuguna Mwaura, Peter Njoroge Kamau & Patrick Murigi Kibia v. Republic

(2013) JELR 100593 (CA)

Court of Appeal  •  Criminal Appeal 5 of 2008  •  18 Oct 2013  •  Kenya

Coram
John Wycliffe Mwera, Mohammed Abdullahi Warsame, Jamila Mohammed, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellants, JOSEPH NJUGUNA MWAURA, PETER NJOROGE KAMAU and PATRICK MURIGI KIBIA, (hereinafter referred to as the 1st, 2nd and 3rd appellants respectively), were each convicted of two counts of the offence of robbery with violence contrary to section 296 (2) of the Penal Code.

The brief facts giving rise to these charges were that on the night of 14th October 2004, while GEORGE MWAURA MUIRURI (PW1) was asleep in his house, he was roused from sleep by the sound of dogs barking. He went out of his house, where he met with a group of five people, who entered his house and demanded that he give them money. He had none, and he told them that they could ask his son ALEXANDER THUO MWAURA (PW2), who lived nearby, if he had any.

They proceeded to PW2’s house, where PW1 asked him to open the door. The robbers again asked for money, and PW2 gave them Kshs 7,000.00 which he had. The robbers asked for more money and PW2 led the robbers into the bedroom so that he could search…

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