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Samuel Mucheru Kariuki; Geoffrey Mugo Kinuthia v. Republic

(2005) JELR 94497 (CA)

Court of Appeal  •  Criminal Appeal 185 of 2004  •  30 Sep 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT


The first appellant, SAMUEL MUCHERU KARIUKI, and the second appellant, GEOFFREY MUGO KINUTHIA, were convicted by the Senior Principal Magistrate Nakuru for the offence of robbery with violence contrary to section 296 (2) of the Penal Code and each sentenced to death being the mandatory sentence under the law. The second appellant was the first accused at the trial while the first appellant was the second accused. Their respective appeals which were consolidated at the hearing were dismissed by the superior court. This is a second consolidated appeal.

The particulars of the charge alleged that on the night of 15th June, 2001, the two appellants and another who was acquitted jointly with others not before the court, being armed with dangerous weapons namely a Somali sword, metal bars and a rungu robbed Jacinta Wairimu Njoroge of her video camera make Samsung serial Nos. 67N807904L, a camera make Kodak serial Nos. 0384041, a mobile telephone make Ericsson T10S and cas…

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