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Peter Gikonyo Nyoike,David Ibare & Michael Mwangi Kamau v. Republic

(2005) JELR 93724 (CA)

Court of Appeal  •  Criminal Appeal 258 of 2003  •  23 Sep 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The three appellants were convicted by the Principal Magistrate Eldoret on two counts of robbery contrary to Section 296(2) of the Penal Code and were sentenced to death in each count. Their appeals to the superior court were dismissed. They now appeal to this Court on several grounds. The three appeals have been consolidated.

The particulars of the charge in the first count were that on 26/8/99 along Nakuru/Eldoret road near Mulango Moja, the three appellants while armed with dangerous or offensive weapons namely, home made gun, rungus and simis, robbed one GEDION NJAGU of cash Shs.1,500/=, one passport, one wrist watch, two shirts all valued at Shs.4,000/= and at or immediately before or immediately after the time of such robbery used actual violence on the said Gedion Njagu. In the second count the appellants were alleged to have robbed one MURIGI MUIRURI of Shs.900/= on the same date and under the same circumstances.

The complainant in the first count GIDEON NJA…

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