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JACKSON GITHUI WANJERI & ANOTHER
V.
REPUBLIC

(2016) JELR 101240 (CA)

Court of Appeal 9 Nov 2016 Kenya
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Case Details

Suit Number:Criminal Appeal 231 of 2007 (Consolidated with Criminal Appeal No. 99 of 2015)
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nyeri
Other Citations:Jackson Githui Wanjeri & another v. Republic [2016] eKLR

JUDGMENT OF THE COURT

The Appellant in Criminal Appeal No. 231 of 2007 Jackson Githui Wanjeri, the 1st appellant and appellant in Criminal Appeal No. 99 of 2015 James Maina Wanjira, the 2nd Appellant, were arraigned before the Senior Resident Magistrates Court at Karatina jointly with others for the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars were that on the 22nd day of March, 2003 at Karogoto village in Nyeri District of the Central Province, jointly with others not before court and while armed with dangerous weapons namely, axes, pangas and rungus. They robbed Faith Wanjiku Maina of cash Kshs.18,000/=, a wrist watch make Swiss Time valued at Kshs.400/= and a Motorola mobile phone valued at Kshs.6,500/=, all valued at Kshs.24,900/= and at or immediately before or immediately after the time of such robbery used actual violence on Faith Wanjiku Maina.

The Appellants denied the offence prompting a trial in which the prosecution tendered …

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