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Waweru Maina Mwangi & John Githinji Mrefu v. Republic

(2006) JELR 96479 (CA)

Court of Appeal  •  Criminal Appeal 247 & 248 of 2002  •  19 May 2006  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The two appellants were convicted by the Senior Resident Magistrate Nyeri of the offence of robbery with violence contrary to section 296(2) of the Penal Code. Their first appeals to the superior court against the conviction and sentence were dismissed.

The two appellants were charged with robbing one, James Kingori Nderitu (complainant) of Shs.5,000/=, one pair of shoes and a T-shirt on 9th November, 2000 .

On the night of 9th November, 2000 at about 1 a.m., the complainant accompanied one, Mercy Wanjiku Muriithi (PW2) to her house. On arrival at PW2’s house, PW2 left the complainant in the sitting room and she went to see a neighbour who was sick in the same building. After PW2 left the house, two people who were later identified as the two appellants entered into the house. One of them took a knife which was on the table and demanded money from the complainant. The complainant was ordered to remove his jacket, T-shirt and shoes. He was hit on the neck with the ed…

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