KARIUKI V. REPUBLIC (NO 2)

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: KNELLER, HANCOX and NYARANGI JJA)

CRIMINAL APPEAL NO 177 OF 1984

BETWEEN

KARIUKI and ANOTHER .................... APPELLANT

AND

REPUBLIC...................................... RESPONDENT

JUDGMENT

(Appeal from an Order of the High Court at Mombasa, Bhandari J)

July 25, 1985, Kneller, Hancox and Nyarangi JJA delivered the following Judgment.

We have consolidated these two appeals. The two appellants were charged jointly before the Acting Resident Magistrate at Mombasa with robbery contrary to section 296(1) of the Penal Code. They were convicted and each sentenced to four years’ imprisonment plus four strokes corporal punishment. The offence involved a quantity of Kenya and foreign money, local and foreign cheques to a total value of Shs 355,359.15 representing takings for the Jadini Hotel and African Sea Lodge on the South Coast, which were to be banked by the accounts clerk of the former at Barclays Bank, Nkrumah Road, Mombasa. The money was placed in th…