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Stephen Njenga Mukiria; Bernard Kipkoskei Kurgat v. Republic

(2005) JELR 98854 (CA)

Court of Appeal  •  Criminal Appeal 175 of 2003  •  25 Feb 2005  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu



This appeal has a long history. The two appellants, Stephen Njenga Mukiri and Bernard Kipkoskei Kurgat were arraigned before the learned Senior Resident Magistrate, (Mrs. S. Muketi) jointly charged with four counts of robbery with violence contrary to section 296(2) of the Penal Code. The 2nd appellant, (Bernard Kipkoskei Kurgat) who was the 2nd accused in that original charge sheet was separately charged with escape from lawful custody contrary to section 123 of the Penal Code. The 3rd accused, one, James Mwaura Kariuki in that original charge sheet was separately charged with accessory after the fact to a felony contrary to section 396(1) as read with section 397 of the Penal Code. So that in that original charge sheet before the trial court, we had the following accused persons:-

1. Charles Oduor Orendo

2. Bernard Kipkoskei Kurgat

3. James Mwaura Kariuki

4. Florence Karimi Njeri

5. Lea Wairimu Wanjiku

6. Susan Amolo Akinyi

7. Stephen Njenga Mukiria

It should be observeā€¦

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