PETER NJOROGE MURIITHI & GEORGE MATHU KURIA V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellants herein Peter Njoroge Murithi and George Mathu Kuria were jointly arraigned in the Chief Magistrates Court at Nyeri charged with the offence of Robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that on the 11^th day of August, 2009 at Ruring’u estate in Nyeri South District within Central Province they jointly robbed Joseph Kiilu Mulwa of (sic) mobile phone (sic) make USB valued at Kshs.4,800.00 and at or immediately before or immediately after the time of such robbery used actual violence to the said Joseph Kiilu Mulwa.

2. The first appellant Peter Njoroge Muriithi faced alone an alternative count of handing stolen property contrary to section 322(2) of the Penal Code. The particulars read that Peter Njoroge Muriithi on same day and place other than in the course of stealing he handled the said mobile USB knowing or having reason to believe it to be stolen property.

3. The appellants denied the ch…