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Paul Njagi Mugambi v. Republic

(1980) JELR 94752 (CA)

Court of Appeal  •  Criminal Appeal 75 of 1979  •  13 Mar 1980  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

JUDGMENT OF THE COURT

On 16th March 1977, at the Ministry of Information offices in Meru, a member of the administration police called Gitonga was on guard duty when, according to him, he was approached by three men, one of whom hit him on the head with a stone. Gitonga fell down, his rifle containing ten rounds of ammunition was picked up by one of the three men and all three men ran away with the rifle. According to Gitonga, the man who struck him with a stone was one Frederick Mbae, and the man who picked up the rifle and ran off with it was the appellant; and he deposed that he knew both men personally. Both Frederick and the appellant were charged with robbery, contrary to section 296(2) of the Penal Code, in the Court of the Resident Magistrate at Meru. Both were convicted, and sentenced to death. They appealed to the High Court. There it was appreciated for the first time that Gitonga had told his fellow constable Superiano, who was on the scene very soon after the alleged robbe…

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