STEPHEN KIHUNGE KARIUKI & STEPHEN MAINA WAMBUGU V. REPUBLIC

JUDGMENT OF THE COURT

Stephen Kihunge Kariuki (‘the 1^st appellant’) and Stephen Maina Wambugu (‘the 2^nd appellant’) were part of a quartet including Wilson Mathenge (Wilson) and Moses Maina (Moses) who were arraigned before the Principal Magistrate’s court at Nyahururu to answer to a main charge of attempted robbery with violence contrary to Section 297 (2) of the Penal Code; count 2 being that of possession of a firearm without a firearm certificate contrary to Section 4 (1) as read with Section 4 (3) of the Firearms Act; count 3 being that of possession of ammunition without a firearm certificate contrary to Section 4 (1) as read with Section 4 ( 3) of the Firearms Act; and count 4 being that of consorting with a person in possession of a firearm contrary to Section 89 (2) of the Penal Code.

The main charge applied to all the accused; the second and third counts applied solely to the appellants; while the fourth count applied to Wilson only. The particulars of the main charge were tha…