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Nicholas Kitheka & Zacharia Ole Mesiek v. Republic

(2013) JELR 96562 (CA)

Court of Appeal  •  Criminal Appeal 290 of 2007  •  20 Sep 2013  •  Kenya

Coram
David Kenani Maraga, John Wycliffe Mwera, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellants herein, Nicholas Kitheka and Zacharia Ole Mesiek, brought this appeal after their consolidated appeals HCCR.A.921 and 922 both of 2001 were dismissed in the High Court (Lesiit, Ochieng JJ) on 27th September, 2005.

The appellants were arraigned in Kibera CM Cr.C.No.7408/2010 with 4 charges of robbery with violence contrary to section 296(2) of the Penal Code. The charges were that on 1st September, 2000 along Limuru Road Nairobi they committed acts of robbery while armed with dangerous weapons as follows: They robbed Michael Ndichu of a minibus valued at Sh.1m plus cash Sh.100/=; they robbed Hannah Nyambura of Sh.4800/= and Stephen Karudi of Sh.7500/= as well as Robert Kamau of a licence worth Sh.1,125/=. They used or threatened to use actual violence against their victims during the incidents. In the 2 petitions before the High Court the appellants more or less raised similar grounds of identification, disregarding their defences and inadequate or in…

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