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Joseph Waiharu Waiyoro, James Mugo Njogu & Kevin Murerwa Njoroge v. Republic

(2014) JELR 100579 (CA)

Court of Appeal  •  Criminal Appeal 326, 329 & 336 of 2012  •  3 Jun 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellants, Joseph Waiharu Waiyoro, James Mugo Njogu and Kevin Murerwa Njoroge together with 4 other persons were jointly charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The three appellants faced an alternative count of handling stolen goods contrary to Section 322 (2) of the Penal Code.

The Information is that on 15th May, 2010, at Naro Moru in Nanyuki District within Rift Valley Province jointly with others not before court, while armed with dangerous weapons namely metal bars, robbed George Munyi Wangui motor vehicle registration no. KAS 015F Toyota station wagon valued at Ksh. 400,000/=, his driving licence, identify card, Equity ATM card, driver’s PSV license, three passport size photographs and identify card photocopy and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said George Munyi Wangui.

The Information on the alternative count is that o…

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