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Paul Mwai Gachoka & John Wainaina Mbugua v. Republic

(1994) JELR 94803 (CA)

Court of Appeal  •  Criminal Appeal 14 of 1994  •  22 Jul 1994  •  Kenya

Coram
Philip Kiptoo Tunoi, Abdul Majid Cockar, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT NAKURU

( Coram: Gachuhi, Cockar and Tunoi JJ A )

CRIMINAL APPEAL NO. 14 OF 1994

BETWEEN

1. PAUL MWAI GACHOKA......................................................................... 1ST APPELLANT

2. JOHN WAINAINA MBUGUA..................................................................2 ND APPELLANT

AND

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

(Appeal from a judgment of the High Court of Kenya at Nakuru (Justice B K Tanui) dated 12th March, 1993

in

HCCRA No 425 of 1993)

******************************

JUDGMENT

The 1st appellant, Paul Mwai Gachoka (accused 3 as per the charge sheet, hereafter referred to as Mwai) and the 2nd appellant, John Wainaina Mbugua (accused 2 as per the charge sheet, hereafter referred to as Wainaina) together with one Geoffrey Kamau Gichau (accused 1 as per the charge sheet) were jointly charged on two counts with the offence of robbery contrary to section 296(1) of t…

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