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SAMUEL MWAURA KINYANJUI & 2 OTHERS v. REPUBLIC

(2011) JELR 94625 (CA)

Court of Appeal  •  Criminal Appeal 237 of 2008  •  1 Dec 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

Samuel Mwaura Kinyanjui, the 1st appellant, John Muranga Kamau, the 2nd appellant and M.K.N, the 3rd appellant, were tried and convicted by a Senior Resident Magistrate at Kigumo on a charge of robbery with violence contrary to section 296(2) of the Penal Code. The particulars contained in that charge were that on the 6th day of April 2005 at Saba Saba Town in Muranga District of the Central Province the three of them jointly and while armed with an offensive weapon to wit a knife, robbed Geoffrey Gatati Njoroge (Geoffrey) of cash Kshs.500/= and that at, or immediately before or after the time of robbery they injured Geoffrey. Upon their conviction, the record of the magistrate shows as follows:-

“Accused in Mitigation - I seek for leniency. Am 17 years old. I was born in the year 1987.

2nd Accused: I seek for leniency. I am 18 years old.

3rd Accused: I seek for leniency. I seek for leniency. I am 18 years old.”

This was on 12th April, 2006. The accused persons appear…

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