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Samwel Muriithi Mwangi v. Republic

(2006) JELR 95068 (CA)

Court of Appeal  •  Criminal Appeal 39 of 2005  •  4 Aug 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

Samuel Muriithi Mwangi, the appellant herein, was, together with two other persons who are not involved in this appeal, charged and tried before the Senior Resident Magistrate at Nyeri on one count of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were to the effect that on 21st August, 2001 at Kimahura village in Nyeri District, Central Province, the appellant, together with his two named confederates, while armed with dangerous weapons namely rungus, clubs, knives and axes, robbed Ephrain Muchoki Maranga of an International Radio cassette serial No. 616886 and one pair of shoes all valued at Kshs.2,500/- and at or immediately after the time of the robbery they killed the victim of the robbery Ephrain Muchoki Maranga. After hearing evidence from a total of eleven prosecution witnesses and the sworn statement of the appellant, the trial magistrate found the appellant guilty of the charge, convicted him and sentenc…

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