NICHOLAS NJOROGE KIMANI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant herein, Nicholas Njoroge Kimani, faced three counts in the lower court at Kiambu in that on 23rd July, 2006 at Kihara Police Post, Kiambu, jointly with others not before court while armed with iron bars and rungus robbed APC Peter Njogu of a firearm No.40099 with 25 rounds of ammunition and they used actual violence during the said robbery on APC Njogu.

In the second count, the appellant faced a charge of being in possession of a firearm No.40099 on 7th August, 2006 at Mahi Mahiu without due certificate. The third charge was that at the same place and time the appellant was found in possession of 21 rounds of ammunition without a firearm certificate.

After hearing eleven prosecution witnesses as well as the defence, the learned trial magistrate found the appellant guilty on all the 3 counts and sentenced him to suffer death on the first count and to serve ten years in prison for counts two and three. The learned trial magistrate ordered that the senten…