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Stephen Ndungu Maina v. Republic

(2013) JELR 96623 (CA)

Court of Appeal  •  Criminal Appeal 147 of 2005  •  19 Jul 2013  •  Kenya

Coram
Daniel Kiio Musinga, Jamila Mohammed, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal was readily conceded by the respondent through Mr. Jacob Ondari, Senior Assistant Deputy Public Prosecutor. That notwithstanding, this Court is not bound by such concession. It is duty bound to carefully evaluate the issues of law upon which the appeal is premised and arrive at its own decision.

The brief facts of the case that gave rise to this appeal were that the appellant, Stephen Ndungu Maina, together with 13 other accused persons, were charged with robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that on the 18th day of February, 1997 along Moi Avenue, Nairobi, the appellant jointly with others not before court, being armed with dangerous weapons namely, firearms, robbed Joseph Chepkurui Chepkiyeng of Kshs.96 million and at or immediately before or immediately after the time of the robbery threatened to use actual violence to the said Joseph Chepkurui Chepkiyeng. The appellant and his co-acc…

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