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Nahashon Karuri Karue v. Republic

(2006) JELR 98639 (CA)

Court of Appeal  •  Criminal Appeal 40 of 2005  •  27 Oct 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is a second appeal from the judgment of the superior court (J.M. Khamoni and H. M. Okwengu JJ) dated 14th October 2004. The superior court judgment relates to three consolidated first appeals from the decision of the Senior Magistrate’s Court at Karatina (Mr. S. N. Nyagah S.R.M.) in Criminal Case No.445 of 2002 dated 3rd October 2002.

There were three accused persons in Criminal Case No. 445 of 2002 namely Nahashon Karuri Karue (hereinafter “Nahashon”) who was the 1st accused, Godfrey Githui Karue (hereinafter “Godfrey”) who was the 2nd accused and Ifraim Ngare Theuri (hereinafter “Ifraim”) who was the 3rd accused. They were jointly charged with robbery with violence contrary to section 296(2) of the Penal Code and all three were convicted after a trial, and sentenced to death that being the mandatory sentence for this offence.

The three accused appealed separately to the superior court in Criminal Appeal Case No.412 of 2002 in which the appellant was Ifraim, C…

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