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Patrick Njuru Mwangi v. Republic

(2013) JELR 94374 (CA)

Court of Appeal  •  Criminal Appeal 580 of 2010  •  20 Dec 2013  •  Kenya

Coram
David Kenani Maraga, George Benedict Maina Kariuki, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

On 20th July 2005 at about 10.00 p.m., as Paul Gaitho, PW1, walked home at Githurai 44, he saw four people, two on either side of the road with pangas and iron bars. He became apprehensive and decided to turn back and enter the compound whose open gate he had just passed. He did not make it into that compound. One of those people hit him with an iron bar and broke his teeth. After he had fallen down, they ransacked his pockets and took Kshs.4000/= he had and his Siemen A 35 mobile phone and started running away. He screamed and members of the public went to his aid. They chased the robbers and managed to arrest one of them a few metres away from the scene of robbery. They handed him to police at Maziwa Police Post who later charged him with capital robbery.

After trial before the Senior Principal Magistrate’s Court at Kiambu, the appellant was convicted and sentenced to death. His appeal to the High Court having been dismissed, he has now preferred a second appeal …

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