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JOSEPH CHUMA MUNYI & ANOTHER
V.
REPUBLIC

(2006) JELR 100735 (CA)

Court of Appeal 12 May 2006 Kenya
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Case Details

Suit Number:Criminal Appeal 49 & 66 of 2001
Judges:Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Philip Nyamu Waki
Location:Nyeri
Other Citations:Joseph Chuma Munyi & another v. Republic[2006] eKLR

JUDGMENT OF THE COURT

The two consolidated appeals herein were brought by JOSEPH CHUMA MUNYI and STEPHEN KINYUA GACHOKI respectively, to challenge their convictions for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. It had been stated by Kerugoya Senior Resident Magistrate Mr. Njage, before whom they were tried, that the two appellants together with three other persons, had been charged with three counts of robbery with violence contrary to section 296 (2) of the Penal Code. As we shall see shortly, the appreciation of the trial court about the charges facing the appellants was erroneous. Nevertheless, the court found the appellants and their co-accused, guilty of the lesser offence of simple robbery contrary to section 296 (1) of the Penal Code, because, as explained by the trial magistrate, “it did not come out clearly in the evidence the nature of the weapons the accused were armed with during the commission of the offence”. In his view, unless t…

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