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Simon Njoroge Kabui & John Njuguna Kimani v. Republic

(2010) JELR 96537 (CA)

Court of Appeal  •  Criminal Appeal 206 of 2006  •  11 Jun 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya



Two persons had appealed to this Court. They were Simon Njoroge Kabui as the 1st appellant and John Njuguna Kimani as the 2nd appellant. During the pendency of their appeals, John Njuguga Kimani escaped from prison custody and by the time the Court was hearing the appeals, he had not been re-arrested and this judgment is concerned only with the appellant Simon Njoroge Kabui (the appellant). He was among three persons who were charged before the Senior Principal Magistrate at Naivasha on two counts of robbery with violence contrary to section 296 (2) of the Penal Code and two other counts of being in possession of a fire-arm (count 3) and ammunition (count 4) contrary to section 4 (2) (a) of the Firearms Act, Chapter 114 Laws of Kenya. The appellant who was accused number one before the Magistrate and the one who escaped from prison were convicted on all the four charges and were sentenced to suffer death on the counts of robbery and to various terms of imprisonmen…

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