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Onesmus Mutua Kiilu & Patrick Muchungu Njine v. Republic

(2006) JELR 95401 (CA)

Court of Appeal  •  Criminal Appeal 3 of 2004  •  26 May 2006  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji



The two appellants and another were jointly charged before the chief Magistrate, Nairobi with three counts of robbery with violence contrary to Section 296 (2) of the Penal code. In the first count they were charged with robbing PETER NYAGA IRERI of a motor vehicle registration No. KAH 460T Toyota Carina and cash Shs.1,800 on 5th October, 2001.

In the second count, the appellants were charged with robbing ONESMUS JACKTON NJIRU of two wrist watches, electric calculator and Shs.120,000/= in cash on 5th October, 1999. In the third count the appellants were alleged to have robbed FELISTA PRISCAH NJIRU (Felista) of a wrist watch – RADO, valued at Shs.50,000/=.

The first appellant ONESMUS MUTUA KIILU was the first accused at the trial while the second appellant PATRICK MUCHUGU NJINE was the third accused. The co-accused HENRY MUTUKU MUSAU was the second accused. The first and second appellants were acquitted of the first and third counts but were convicted of the second c…

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