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Patrick Macharia Mwangi v. Republic

(2020) JELR 94513 (CA)

Court of Appeal  •  Criminal Appeal 48 of 2019  •  25 Sep 2020  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] In the charge sheet that was presented before the Senior Principal Magistrate at Kangundo, Patrick Macharia Mwangi (appellant) and another were charged with three (3) counts of the offence of malicious damage to property contrary to Section 339 (1) of the Penal Code. The particulars being that on 21st April, 2015 at Jericho Villas Koma Location in Matugulu within Machakos County, the appellant with others who were not before the court willfully and unlawfully damaged a house valued at Kshs. 25,000,000 the property of Dorcas Mbuluka Mbithi. As regards, the 2nd count, the particulars were that on the same date and place the appellant and others not before court willfully and unlawfully damaged a house valued at Kshs. 4,900,000 property of Serah Nthenya Nzuku and on the 3rd count the property that was willfully and unlawfully damaged belonged to Ogenje Hitler.

[2] The appellant denied the charges and upon trial, he and his co- accused were found guilty, convicted …

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