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Moses Mwangi Kanyeki & John Kagondu Macharia v. Republic

(2015) JELR 98916 (CA)

Court of Appeal  •  Criminal Appeal 13 of 2013  •  17 Jun 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Introduction and Background

The two Appellants Moses Mwangi Kanyeki alias John Wachira alias Wagachogo (Moses) and John Kagondu Macharia alias Njamba Ngaru (John) were tried and convicted on 3rd April, 2006 by the Chief Magistrate at Nyeri (R. Nyakundi) on two counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code. In count 1, it was alleged that on the night of 26th and 27th of September, 1999 at Kimathi Estate in Nyeri District of the Centrol Province, jointly with another not before court while armed with dangerous weapon (sic) namely Pangas and simis jointly robbed one Lucy Wairimu Kamotho of cash Kshs.150/= and at or immediately before or immediately after the time of such robbery injured the said Lucy Wairimu Kamotho. In count 3, that on the night of 26th and 27th of September, 1999 at Kimathi Estate in Nyeri District of the Central Province, jointly with another one not before court, while armed with dangerous weapons nam…

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