PATRICK MWANGI WERU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Patrick Mwangi Weru as the 3^rd accused person was charged jointly with Joseph Maina Gicheru alias kihii (1^st accused); Patrick Maina Muriuki alias Baggio (2^nd accused) and Victor Waweru Gichuni (4^th accused) with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The appellant and the co-accused faced twelve counts of robbery with violence. The 2^nd and 4^th accuseds were acquitted at the close of the prosecution’s case with no case to answer. The appellant and the 1^st accused were put on their defence as they had a case to answer. At the end of the trial, the 1^st accused was acquitted of all counts; and the appellant was convicted of 5 counts for which he was sentenced to death. The appellant’s appeal to the High Court was dismissed provoking this second appeal.

The Information is that on the night of 12th/13th April 2001 at Naro Moru in Nyeri District of the then Central Province, jointly with others not before the cou…