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PETER KIMANI GICHUHI & ANOTHER
V.
REPUBLIC

(2012) JELR 94454 (CA)

Court of Appeal 23 Feb 2012 Kenya
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Case Details

Suit Number:Criminal Appeal 465 of 2007
Judges:Riaga Samuel Cornelius Omolo JA Emmanuel Okello O'Kubasu JA Alnashir Ramazanali Magan Visram JA
Location:Nakuru
Other Citations:Peter Kimani Gichuhi & another v. Republic [2012] eKLR

JUDGMENT OF THE COURT

The two appellants, Peter Kimani Gichuhi (1st Appellant) and Esther Wanjiku Nderitu (2nd appellant), together with another man Josiah Maina Wanjiku, were tried and convicted by a Senior Principal Magistrate at Nakuru on a charge of robbery with violence contrary to section 296(2) of the Penal Code. The three, upon the conviction were duly sentenced to death. The particulars of the charge of robbery with violence stated that on the 3rd of April, 2001, at Kiborojo area in Nakuru District of the then Rift Valley Province, the three of them jointly and while armed with dangerous weapons namely knives, robbed Samuel Macharia Mukanga of motor vehicle Reg. No. KAE 953N Toyota Corolla, white in Colour, an Identity Card, Driving Licence, a pen knife, a jacket and a bunch of keys, all valued at K.Shs.400,000/= and at, or immediately before or immediately after the time of such robbery, they used actual violence to the said Samuel Macharia Mukanga. Upon their being convicted…

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