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STEPHEN GICHUKI GICHIGO & ELIJAH WAITHAKA MUNDIA V. REPUBLIC

(2019) JELR 95749 (CA)

Court of Appeal  •  Criminal Appeal 90 & 101 of 2015  •  13 Feb 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Five men were arraigned before the Senior Principal Magistrate's court, Mukurweini, on various charges.Count 1 related to a charge of robbery with violence contrary to section 296(2) of the penal code,particulars being that on 19th June 2010 at Gitundu Village in Nyeri, jointly with others not before court while armed with offensive weapons, they robbed Godfrey Ndungu Wangondu of cash and other items and that immediately before or immediately after such robbery, they threatened to use personal violence to the said person. Count 2 was also a charge of robbery with violence contrary to the said section of the Penal Code, particulars being that on the same day at the same place while similarly armed in company of others not before the court they robbed Jane Wangeci Ndungu of cash Kshs. 104,000/= and a mobile phone and that immediately before or immediately after such robbery they used personal violence against her. In count 3 which also related torobbery with violenc…

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