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Njoroge v. Republic

(1982) JELR 96338 (CA)

Court of Appeal  •  Criminal Appeal 28 of 1979  •  15 Mar 1982  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law, Miller and Potter JJA)

CRIMINAL APPEAL NO 28 OF 1979

NJOROGE .....................................................APPELLANT

VERSUS

REPUBLIC....................................................RESPONDENT

JUDGMENT

The appellant was convicted by the Resident Magistrate at Thika of robbery with violence contrary to Section 296(2) of the Penal Code and was sentenced to the mandatory death sentence. His appeal to the High Court was dismissed.

On this second appeal, we are only concerned with points of law and consider ourselves bound by the concurrent findings of fact arrived at in the courts below, unless shown to be based on no evidence.

The robbery out of which this appeal arises was a bank robbery carried out in broad daylight in the course of which some Kshs 350,000 was stolen from the Standard Bank at Thika by a gang of robbers one of whom at least was armed with a gun. On the concurrent findings of both courts below, the appellant was identified as…

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