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SIMON NJOROGE WAIRIMU & PETER HIUHU GACHAU v. REPUBLIC

(2001) JELR 95079 (CA)

Court of Appeal  •  crim app 14 of 00  •  17 May 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu

Judgement

JUDGMENT OF THE COURT

The appellants, Simon Njoroge Wairimu and Peter Hiuhu Gachau were both convicted of the offence of robbery with violence contrary to Section 296(2) of the Penal Code and sentenced to death as by law provided, by the Principal Magistrate J.S. Mushelle Esq., at Nyeri, on 8th July, 1998. They appealed against conviction and sentence, to the High Court sitting at Nyeri. Their appeals, numbered 305 and 306 were heard together and dismissed on 19th October, 1999. They are here in this Court by way of a second appeal.

The facts as brought out by the prosecution evidence are that the body of one Charles Mwariri Wachira (the deceased) was found floating in River Honi by P.W1, Evans Sachita, a police corporal attached to Kiganjo Police Station, on 20th January, 1998. Corporal Sachita went to the river to retrieve the body as a result of a report received by him. Two days thereafter the deceased's wife went to Kiganjo Police Station to report her husband's disappearance. She …

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