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Michael Kionga & Esogon Kionga v. Republic

(2005) JELR 99119 (CA)

Court of Appeal  •  Criminal Appeal 17 & 56 of 2004  •  28 Oct 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

The appellants before us are ESOGON KIONGA and his son MICHAEL KIONGA. They were among four persons charged before Nanyuki Senior Resident Magistrate with various offences under the Penal Code including robbery with violence, rape and handling stolen goods. The other two persons do not concern us as one was only convicted for handling stolen property and, as far as we know, preferred no appeal, while the other died before his appeal to the superior court could be heard.

It was alleged in the two counts of robbery with violence for which the appellants were convicted that on the 3rd day of June, 1999 at Kijabe area of Ngobit in Laikipia District of the Rift Valley Province, while armed with offensive weapons namely a rifle, they robbed John Peter Nguthiru (PW1) and Veronica Njeri (PW2) of an assortment of household goods and personal effects listed in the charge sheet, and in the course of the robbery threatened actual violence. The evidence that was accepted by bot…

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