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Samuel Mwangi Macharia & 2 others v. Republic

(2015) JELR 96661 (CA)

Court of Appeal  •  Criminal Appeal 414 of 2009  •  26 Mar 2015  •  Kenya

Coram
Daniel Kiio Musinga, Philomena Mbete Mwilu, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This is a second appeal. The appellants’ first appeal to the High Court on a charge of robbery with violence contrary to Section 296 (2) of the Penal Code was rejected and the death sentence that had been imposed on each of them confirmed.

The brief facts of the case before the trial court were that on 18th July, 2006 at Captain Trading Centre in Nyandarua District, Central Province, the appellants, jointly with others not before court, and while armed with crude weapons namely, iron bars, robbed Bernard Nderitu Muringe of cash Kshs.1,800/= and a mobile phone make Motorolla C113A valued at Kshs.2,500/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Bernard Nderitu Muringe. On the same day and in similar circumstances the appellants were also alleged to have robbed Antony Mwangi Kariuki of Kshs.150/=.

Bernard Nderitu Muringe, PW1, was the driver of a lorry registration

number KZE 804 and his turn boy was Ant…

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