SELIMIA MBEU OWUOR; DANIEL NJUGUNA NJAGU V. REPUBLIC

JUDGMENT OF THE COURT

SELIMIA MBEU OWUOR, the 1st appellant, and DANIEL NJUGUNA NJAGU, the 2nd appellant, were among four people who were tried on various charges before a Senior Resident Magistrate in Nairobi. The other two people who appeared before the Magistrate with the appellants and who are no longer involved in these proceedings were the wives of the 1st appellant. In count one, all the four of them had been charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. All of them were acquitted by the Magistrate on that charge which had alleged robbery of a motor vehicle registration number KAE 904M. That vehicle was said to be the property of General Motors (K) Ltd which in turn had assigned it to one of its employees, Edward Wandera (P.W.1) for his personal use. P.W.1 was robbed of that vehicle on 20th December, 1995. On the second count, the appellant and his two wives were charged with the offence of being in possession of a fire-arm with…