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Julius Mwanzia Muthiani v. Republic

(2000) JELR 100447 (CA)

Court of Appeal  •  Criminal Appeal 92 of 1999  •  26 Jan 2000  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Richard Otieno Kwach, Moijo Matayia Ole Keiwua

Judgement

JUDGMENT OF THE COURT

Julius Mwanzia Muthiani (hereinafter called "the appellant") was charged along with 4 other persons with robbery with violence contrary to section 296(2) of the Penal Code. They also faced an alternative charge of handling stolen goods contrary to section 322(2) of the Penal Code.The particulars of the charge alleged that on 31st January, 1997 at Mayungu Beach, Malindi District in Coast Province, jointly with others not before the court armed with pangas and rungus they robbed Gullutta Bruno of Shs.15,000/= and other items and in the course of this used actual violence on Bruno's night watch-man.

When the accused appeared before the Principal Magistrate at Malindi on 27th February, 1997 for plea the record shows that the substance of the charges and every element thereof was stated by the magistrate and when the accused persons were asked whether they denied or admitted the charges 4 of them denied the charges but the appellant said he admitted the offence. And he …

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