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Peter Kariuki Mathi v. Republic

(2014) JELR 95013 (CA)

Court of Appeal  •  Criminal Appeal 93 of 2013  •  24 Jan 2014  •  Kenya

David Kenani Maraga, William Ouko, Jamila Mohammed



The appellant’s first appeal against the conviction and sentence for the offence of robbery with violence contrary to Section 296(2) of the Penal Code was dismissed giving rise to this appeal. Being a second appeal, we can only consider matters of law as it is now firmly settled on the authority of Chemagong v. R [1984] KLR 611 and a long line of others, that this Court sitting as a second appellate court will not normally interfere with the concurrent findings of fact by the two courts below unless such findings are based on no evidence, or are based on a misapprehension of the evidence, or the two courts are shown to have acted on wrong principles in reaching their decisions.

According to evidence presented at the trial, Dominic Kihuri Muriuki who was employed to drive one of the taxis (KAP 903K) in the firm of Joseph Kimashia was hired to take two men from Upper Hill area of Nairobi to Ngong. Upon getting to Ngong, the two men ordered Dominic, at gun point to dr…

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