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Stephen Magwa Muiruri, Michael Kamau Willy and Daniel Ngure Kahuro v. Republic

(1980) JELR 96348 (CA)

Court of Appeal  •  Criminal Appeal 47 of 1979  •  3 Mar 1980  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

JUDGMENT OF THE COURT

The three appellants were co-accused on eight counts of robbery with violence, contrary to section 296(2) of the Penal Code, before the Senior Resident Magistrate, Thika, who convicted them on seven counts, sentencing them according to law. The complainant named in the fifth count having left the country, no evidence was led and the appellants were acquitted in respect of it. Their appeals to the High Court have been dismissed, except that the second appellant’s conviction was quashed and the sentence set aside in respect of the eighth count.

On the night of 8th March 1977, St Francis Convent at Mangu was raided by a gang of five or more robbers who were armed with simis, rungus and pangas. The three appellants as members of the gang were alleged to have jointly robbed six sisters of cash and various articles, including a Toyota vehicle (registration KPQ 75), which were set out in the relevant counts in the charge sheet. In the seventh count, the appellants were al…

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