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Peter Njagi Muchangi,Douglas Maina Mathenge,William Mugambi Nyamu & Abdalla Mwangi Chege v. Republic

(2013) JELR 95180 (CA)

Court of Appeal  •  Criminal Appeal 613 of 2010  •  10 Oct 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of the High Court (Khaminwa and Okwengu, JJ.) dated 23rd September, 2005 wherein the court upheld and confirmed the appellants’ conviction and sentence. This being a second appeal, only points of law fall for our consideration, but for reasons that the appellants have raised the ground of appeal that is commonly raised and cuts across both issues of law and facts, that is the High Court failed to re evaluate the evidence and arrive at its own independent conclusions, we have to revisit the background evidence that resulted in the convictions and sentence of the appellants.

[2] Peter Njagi Muchangi, Douglas Maina Mathenge, William Mugambi Nyamu, Abdalla Mwangi chege, the appellants herein, were jointly charged in the Senior Principal Magistrate's Court at Embu with three counts of robbery with violence contrary to section 296(2) of the Penal Code, Chapter 63, Laws of Kenya; two alternative charges of handling stolen property c…

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