JOSPHAT KARANJA MUNA V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal and that being so, section 361 of the Criminal Procedure Code provides that we confine ourselves to matters of law and not matters of facts except where it appears to us that such matters of facts were either not considered or that irrelevant matters were considered such that their non consideration or consideration of irrelevant aspects ended in failure to properly analyse and evaluate such facts that the trial court’s and/or the first appellate court’s conclusion was rendered a misjustice. The appellant Josphat Karanja Muna (hereinafter the appellant) was, together with two others, charged with two counts, in the Senior Principal Magistrate’s Court at Muranga. The first count was that of robbery with violence contrary to section 296 (2) of the Penal Code, the particulars of which were as follows:-

“On the 9^th day of December 2001, at around 8.00 p.m., in Theri Sub-location Muranga District within Central Province jointly with others not be…