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JOSEPH MAINA KIMEMIA & ANOR
V.
REPUBLIC

(2004) JELR 100661 (CA)

Court of Appeal 14 May 2004 Kenya
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Case Details

Suit Number:Criminal Appeal Nos 105 & 110 of 2003 (Consolidated)
Judges:Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, Aaron G Ringera
Location:Nyeri
Other Citations:Joseph Maina Kimemia & another v. Republic [2004] eKLR

JUDGMENT OF THE COURT

John Maina Kimemia, the first appellant in this appeal was the second accused at the trial before the Principal Magistrate, Kerugoya while Peter Kamau Ndungu, the second appellant in this appeal was the first accused. The two appellants were jointly charged with seven offences of Robbery with Violence contrary to Section 296(2) of the Penal Code. They were convicted of five counts and acquitted on two counts.

Their respective appeals to the superior court which were consolidated were dismissed. They now appeal to this Court mainly on the grounds that, both the subordinate court and the superior court erred in law in concluding that the particulars of the charges were proved as required by law (contained in section 296 (2) of the Penal Code); the superior court erred in law and fact in upholding the convictions while relying on dock identification which is worthless and that the superior court failed to evaluate the evidence of the subordinate court in relationship …

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