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Stephen M'riungi,Geoffrey M'baabu,Wilson M'kiambi & Robert M'mugambi v. Republic

(1983) JELR 94392 (CA)

Court of Appeal  •  Criminal Appeals 134, 135, 136 & 137 of 1982  •  27 Oct 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Harold Grant Platt, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Kneller JA, Chesoni and Platt Ag JJA )

CRIMINAL APPEAL NO,S 134, 135, 136 and 137 OF 1982

BETWEEN

1. STEPHEN M'RIUNGI

2. GEOFFREY M'BAABU

3. WILSON M'KIAMBI

4. ROBERT M'MUGAMBI..................................................................APPELLANTS

AND

REPUBLIC.................................................................................RESPONDENT

JUDGMENT

The four appellants Stephen M’Riungi (first appellant), Geoffrey Mbaabu (second appellant), Wilson Kiambi (third appellant) and Robert Mugambi (fourth appellant) were jointly convicted of robbery with violence contrary to section 296(2) of the Penal Code and were each sentenced to death. Their first appeals against conviction and sentence were dismissed by the High Court. They have now appealed to this court.

The first two courts found that in the morning of May 3, 1981, robbers broke into and stole from Ester Nyoroka’s shop at Mbuinjeri Market in Meru District. The list of the goods stolen from …

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