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GODFREY NJOGU
V.
REPUBLIC

(2005) JELR 98334 (CA)

Court of Appeal 29 Jul 2005 Kenya
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Case Details

Suit Number:Criminal Appeal 243 of 2004
Judges:Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell
Location:Malindi
Other Citations:Godfrey Njogu v. Republic [2005] eKLR

JUDGMENT OF THE COURT

This is a second appeal from the decision of the superior court upholding the conviction by the Senior Principal Magistrate Joyce Manyasi of the appellant of the following offences: Robbery with violence contrary to section 296(2) of the Penal Code; possession of a firearm without a firearm certificate contrary to section 4(2) (a) as read with section 4(3) of the Firearms Act Cap.114; and possession of Ammunition without a firearms certificate contrary to section 4(1)(a) as read with section 4(3)(H) of the Firearms Act Cap. 114 of the Laws of Kenya.

This being a second appeal this Court is bound by the concurrent findings of fact by the trial court and the superior court unless there is some legal reason why as a matter of law this Court should not be so bound.

In this case we have studied with care the judgment of both courts and have not found any misdirections or error in law by either court in their approach to their respective judgments.

We therefore accept that…

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