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Martin Irungu Murigi & James Muhia Muiruri v. Republic

(2013) JELR 99270 (CA)

Court of Appeal  •  Criminal Appeal 652 of 2010  •  13 Jun 2013  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



Martin Irungu Murigi, the 1st appellant herein, James Muhia Muiruri, the 2nd appellant herein and one Elijah Ngugi Muchoki were jointly charged with one count of robbery with violence contrary to section 296(2) of the Penal Code, Chapter 63, Laws of Kenya. The particulars of the offence were that on 3rd July, 2006 at Gichungu Village in Maragua District within the then Central Province they jointly while armed with offensive weapons namely knife and rungu robbed Peter Warui Mburu a paper bag which contained 48 pieces of waist belts worth Kshs. 2400/=, 4 CD radio players valued at Kshs. 800/=, one coat and cash Kshs. 3340/= and at or immediately before or immediately after such robbery used actual violence on the said Peter Warui Mburu.

They were charged with a second count of handling stolen goods contrary to section 322 (2) of the Penal Code. The particulars of the offence were that on 5th July, 2006 at Gichungu Village in Maragua District, they otherwise than in …

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