Login Register

Peter Mwangi Wanjiku v. Republic

(2020) JELR 94996 (CA)

Court of Appeal  •  Criminal Appeal 21 of 2019  •  7 Aug 2020  •  Kenya

Martha Karambu Koome, Wanjiru Karanja, Hannah Magondi Okwengu



1. This is a second appeal filed by the appellant in which he challenges the judgment of the High Court (Kamau, J) upholding his conviction and sentence by the Chief Magistrate’s Court at Kiambu for the charge of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the charge alleged that while in the company of another, he robbed Solomon Mwangi Wairimu (Solomon) of a mobile phone make Alcatel valued at Kshs. 2,000 and cash Kshs. 1,800, and that at the time of the robbery he stabbed the said Solomon.

2. In his first appeal the appellant had faulted the judgment of the trial magistrate on the grounds that the charge sheet was fatally defective; that he was convicted on the evidence of a single witness; that the evidence of identification did not meet the necessary threshold; that the Investigation officer and doctor did not testify despite them being crucial witnesses; and that the prosecution failed to prove its case beyond reasona…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login