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Julius Kwiriga M'ibaya v. Republic

(2006) JELR 105312 (CA)

Court of Appeal  •  Criminal Appeal 193 of 2003  •  27 Oct 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell



Julius Kwiriga M’Ibaya, the appellant herein, and Joseph Kamenchu M’Kaiba (now deceased), were jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code before the Principal Magistrate’s Court at Maua. The two were arraigned before a District Magistrate of the 1st Class on 6th October, 2000 but their pleas were taken before the learned Senior Resident Magistrate (M.N. Gicheru, Esq.) on 7th December, 2000 when they both pleaded “Not Guilty”. The particulars of the charge stated as follows:

“JOSEPH KAMENCHU M’KAIBI. 2. JULIUS KWIRIGA M’IBAYA: On the 4th day of September, 2000 at around 11.00 p.m. at Antubochu Location, in Meru North District of the Eastern Province, jointly with others not before the court while armed with dangerous weapons namely guns robbed JOSEPH MUROKI KARIITHO of cash Ksh.144,000/=, one m/v. Reg. No. KAL 569F Landrover, one wrist watch and one m/v Radio and at or immediately before or immediately afte…

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