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Robinson Mwangi Maina v. Republic

(2006) JELR 96419 (CA)

Court of Appeal  •  Criminal Appeal 124 of 2004  •  27 Oct 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The original charge sheet in Criminal Case No. 3424 of 1999 shows that the appellant in this appeal, Robinson Mwangi Maina, was the second accused before the Chief Magistrate’s Court at Meru. There was another charge sheet in respect of Criminal Case No. 506 of 1999 before the same court as the record shows that on 15th October, 1999, the two cases were consolidated and heard together as Criminal Case No. 3424 of 1999. The record also shows that the first accused in that case died before the hearing started so that by the time the witnesses started giving evidence before the subordinate court, the appellant was the first accused although original charge sheet was substituted before the first witness completed his evidence. In that charge sheet, the appellant together with four others, were jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of that charge read:

“On the 17th day of February, 1999 at…

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