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Simon Mwangi Gathua v. Republic

(2009) JELR 94081 (CA)

Court of Appeal  •  Criminal Appeal 145 of 2006  •  20 Nov 2009  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji



For the second and final time, Simon Mwangi Gathua, challenges his conviction by Thika Principal Magistrate, Betty Rashid, for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. It had been alleged in the charge sheet laid before that court that the appellant, on 26th day of August, 2000 at Muchatha village in Thika District jointly with another not before court robbed Samuel Ngugi Njoki of one pair of shoes, a belt and cash Kshs.1800/= all valued at Shs.4650/=, and at or immediately before or immediately after the time of robbery wounded the said Samuel Ngugi Njoki. On the same facts there was a second count in relation to Simon Kariuki Kinuthia from whom property worth Shs.3290/= was stolen and injuries inflicted on him. There was also a third count of possession of narcotic drugs contrary to section 3 (a) of the Narcotic Drugs and Psychotropic Substances Control Act in that the appellant was found in possession of one bundle of …

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