KENNETH KARANU MWANGI & ANOTHER V. REPUBLIC
(2011) JELR 104672 (CA)
Court of Appeal
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Criminal Appeal 118 of 2009
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4 Nov 2011
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Kenya
Coram
Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, Joseph Gregory Nyamu
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is an appeal against the judgment of the superior court dismissing the appellants’ appeal against the judgment of the Principal Magistrate, Murang\\\'a whereby the learned Magistrate convicted the appellants of robbery contrary to <em>section 296 (2)</em> of the Penal Code and sentenced each appellant to death as by law required. The appellants and another were jointly charged with two counts of robbery with violence contrary to <em>section 296 (2)</em> of the Penal Code. The first count alleged that on 9<sup>th</sup> December, 2006, the appellants and one Paul Njuguna Mugethe (Co-accused) robbed Joseph Manyeki Wairimu of a bicycle and Kshs.200/- The 2<sup>nd</sup> count alleged that the two appellants and the co-accused, on 6<sup>th</sup> January, 2007 robbed John Njoroge Mwangi of Kshs.600 and an identification card. The appellants and the co-accused were acquitted of the first count after trial . However, the two appellants were convicted of the 2<sup>nd</sup> count. The co-accused was acquitted.</p><p class="ql-align-justify">The prosecution calle…</p>