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Alex Wanjala Murefu & Ronald Simiyu Ngoyomali v. Republic

(2015) JELR 105575 (CA)

Court of Appeal  •  Criminal Appeal 697 of 2010 (R)  •  10 Dec 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu



1. Alex Wanjala alias Linos Wafula Murefu and Ronald Simiyu Ngoyomali, the first and second appellants respectively, were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the night of 24th February 2008 at Kwa Temba area, Misikhu Location, Bungoma while armed with dangerous weapons namely; a knife and toy gun, they robbed Bernard Waweru of a motor cycle registration number KAZ 612Y valued at Kshs. 130,000.00 and at or immediately before or after the time of such robbery used actual violence against the said Bernard Waweru.

2. The first appellant faced a second charge of possession of Government stores contrary to section 324(2) of the Penal Code. The particulars of that charge were that on 25th February 2008 at Kwa Dina Estate, Webuye Township in Bungoma, he had in his possession public stores namely; one green jungle trouser of the Kenya Police Department, such property bein…

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