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Alexander Ngugi Njeri v. Republic

(2013) JELR 105534 (CA)

Court of Appeal  •  Criminal Appeal 4 of 2009  •  24 May 2013  •  Kenya

George Benedict Maina Kariuki, Philomena Mbete Mwilu, Kathurima M'inoti



The appellant was charged before the Senior Principal Magistrate’s Court, Kiambu, with robbery with violence contrary to s. 296(2) of the Penal Code, Cap 63 Laws of Kenya. The particulars of the offence were that on 26th February, 2006, at Ndenderu Village in Kiambu District, in Central Province, the appellant, in the company of others not before the Court, robbed one SAMUEL NJUGUNA KAMAU of KShs.1000/-, and at, or immediately before or immediately after the time of such robbery, used actual violence upon the said Samuel Njuguna Kamau.

The facts in the appeal are pretty straight forward. On the material day, the complainant, Samuel Njuguna Kamau met Robert Njoroge Kangethe (PW2) and David Mwaniki Giati (PW 3) at Ndenderu shopping centre. PW 3 gave the complainant KShs.1,000/= to take to his (PW 3’s) home. PW2 and PW3 then left for Gachie.

The complainant decided to take a short-cut through Ndenderu at which point he was accosted by the appellant and two other people…

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