IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: HANCOX JA, CHESONI and PLATT Ag JJA)
CRIMINAL APPEALS NOS 117 and 118 OF 1983
JOHN NDERITU MWANGI .................APPELLANT
VERSUS
REPUBLIC....................................RESPONDENT
JUDGMENT
Chesoni JA The two appellants John Nderitu Mwangi (first appellant) and John Gichohi Wachira (second appellant) were jointly charged, with four other men, with robbery with violence contrary to section 296(1) of the Penal Code (cap 63). Nderitu was alone in the second count charged with unlawful use of a motor vehicle contrary to Section 294 and Wachira was in an alternative charge to count 1 charged with handling stolen property contrary to section 2 of the Penal Code. Nderitu was convicted on the first count of robbery with violence and the second count and sentenced to six years’ imprisonment with twenty four strokes on the first count and a fine of Kshs 3,000 in default to serve six months’ imprisonment on the second. Wachira was acquitted of robbery with…