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Robert Charles Kariuki Gachiri, John Ndungu Kamau, Stephen Mwangi Nyambura & Asman Irungu Hassan v. Republic

(2013) JELR 96615 (CA)

Court of Appeal  •  Criminal Appeal 84 & 85 of 2008  •  25 Jul 2013  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The appellants herein were jointly charged with two counts of robbery with violence contrary to Section 296 (2) of the Penal Code, Chapter 63 of the Laws of Kenya, in the Senior Resident Magistrate’s Court at Kigumo. The particulars of the first count were that on 2nd April, 2004 at Gakoigo Village in Maragua District of the then Central Province, the appellants jointly and while armed with offensive weapons namely pangas, rungus and axes robbed Ephantus Kioma Mwangi of cash Kshs. 3,100/= and immediately before or immediately after such robbery used actual violence by beating the said Ephantus Kioma Mwangi. The particulars of the second count were that on the above mentioned date and place, the appellants jointly and while armed with offensive weapons namely pangas, rungus and axes robbed Rose Njoki Mwangi of cash Kshs. 600/= and immediately before or immediately after such robbery used actual violence by beating the said Rose Njoki Mwangi.

The appellants were char…

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