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Njomo Njogu Musau v. Republic

(2009) JELR 96672 (CA)

Court of Appeal  •  Criminal Appeal 316 of 2007  •  6 Nov 2009  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya

Judgement

JUDGMENT OF THE COURT

The appellant herein NJOMO NJOGU MUSAU, was jointly charged with two others with breaking into a boutique contrary to section 306 (a) of the Penal Code. The particulars of the offence as per the charge sheet were as follows:

“On the night of 14th and 15th day of July, 2004, at Kianyaga town in Kirinyaga District within Central Province, jointly with others before court broke and entered a building namely Wa-Ericks Boutique of JOSEPHINE MURANGI NJIRU and committed therein a felony namely theft whereas (sic) all assorted clothings and utensils valued at Kshs. 130,000/= were stolen.”

The appellant’s co-accused were each separately charged with an alternative count of handling stolen goods contrary to section 322 (2) of the Penal Code.

After a full trial before the learned Resident Magistrate at Gichugu (A. Lorot) the appellant was convicted on the main count of boutique breaking contrary to section 306 (a) of the Penal Code and sentenced to six (6) years imprisonment; w…

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