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Ndirangu Nderitu Mureithi & another v. Republic

(2006) JELR 98500 (CA)

Court of Appeal  •  Criminal Appeal 175 & 176 of 2004  •  3 Mar 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT


The two appellants Ndirangu Nderitu Mureithi, the first appellant, and Joseph Maina Mwangi, the second appellant, were tried and convicted on one joint charge of attempted robbery with violence contrary to section 297(2) of the Penal Code. The particulars contained in that charge were that on 20th August, 1999 at about 10 am at Kuweka Trading Limited in Nakuru District, Rift Valley Province, the two of them, while armed with a dangerous weapon, namely, a pistol, attempted to rob John Kiprono Birir of cash and at or immediately before or immediately after the time of the robbery, they threatened to use actual violence on the said John Kiprono Birir. Apart from the charge of attempted robbery, the second appellant was separately charged on two other counts of being in possession of a fire-arm (count 2) and ammunition (count 3) without the relevant certificate contrary to section 4(1) of the Firearms Act, Chapter 114 of the Laws of Kenya. The particulars of those ch…

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