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Silas Gituma & another v. Republic

(2010) JELR 95062 (CA)

Court of Appeal  •  Criminal Appeal 188 & 189 of 2003  •  4 Nov 2010  •  Kenya

Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji



Silas Gituma and David Njilithia, the appellants in Criminal Appeal Nos.188 and 189 of 2003 before us, were charged together with the other two persons before Chief Magistrate’s Court at Meru with the offence of robbery with violence contrary to section 296 (2) of the Penal Code in that the four of them:- “On the 6th day of January 1999 in Meru North District within the Eastern Province, jointly with others not before court, being armed with dangerous or offensive weapons namely rifle, pangas and rungus robbed J.K. of cash Ksh.6,300/=, three pairs of sheets, three pairs of suit, eight dresses, four skirts, three pullovers, a wall clock, two wrist watches make Seiko five, two sets of table clothes, one lamp, three dishes, three dozen of cups, and two thermos flasks all valued at Ksh.50,000/= and at or immediately before of immediately after the time of such robbery used actual violence to the said J.K.” David Njilithia and another were each separately charged furt…

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