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Samuel Kimenju Mbuthi, Mercy Mukami Gitonga & Peter Mwangi Huria v. Republic

(2015) JELR 94527 (CA)

Court of Appeal  •  Criminal Appeal 44 of 2014  •  13 Apr 2015  •  Kenya

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



1. The three appellants were charged with two counts of robbery with violence contrary to Section 296 (2) of the Penal Code; they were tried, convicted and sentenced to death. They faced an alternative count of handling stolen goods contrary to Section 322 (2) of the Penal Code.

2. The particulars of Count I is that on the 2nd day of July, 2008, at Ngarengiro area in Laikipia District within Rift Valley Province, jointly with others not before court while armed with dangerous or offensive weapons namely pangas and rungus robbed Bernard Ciuri Irimu of a Canter Lorry Registration No. KAU 904G valued at Ksh. 1,400,000/=, a mobile phone Motorola VC113 valued at Ksh. 2,700/=, a driving licence, a pair of brown shoes and cash Ksh. 1,200/= all valued at Ksh. 1,405,600/= and at immediately before or immediately after the time of such robbery used actual violence to the said Bernard Ciuri Irimu.

3. The particulars in Count II were that on the 2nd day of July, 2008, at Ngaren…

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