SAMUEL MWAURA KINYANJUI & 2 OTHERS V. REPUBLIC

JUDGMENT OF THE COURT

Samuel Mwaura Kinyanjui, the 1^st appellant, John Muranga Kamau, the 2^nd appellant and M.K.N, the 3^rd 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 6^th 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.

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

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

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