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Peterson Gatheru Wachira v. Republic

(2015) JELR 96551 (CA)

Court of Appeal  •  Criminal Appeal 319 of 2011  •  17 Jun 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal from the judgment of the High Court (Sergon and Wakiaga JJ.) which confirmed the conviction and sentence of the appellant. As this Court has stated many times before, in a second appeal, it will not normally interfere with 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 courts are shown demonstrably to have acted on wrong principles in making the findings. See Mwita –vs- R (2004) 2 KLR 60.

2. The appellant was charged with one count of robbery with violence contrary to Section 296(2) of the Penal Code before the Karatina Senior Resident Magistrate’s Court. It was alleged that on 20th August, 2006 at Kiamwangi Village in Nyeri District, jointly with others not before court, while armed with pangas and an axe, he robbed Lawrence Kimuri Kaigua of various household items including three mobile phones and cash Kshs. 10,000/= all valued …

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