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(2008) JELR 106132 (CA)

Court of Appeal  •  Criminal Appeal 319 of 2006  •  23 May 2008  •  Kenya

Emmanuel Okello O'Kubasu, John walter Onyango Otieno



The appellant herein, Amos Gituma Kinyua, was one of the three accused persons charged in Nkubu Resident Magistrate’s Court in Criminal Case No. 52 of 2000 with two counts of robbery with violence contrary to section 296(2) of the Penal Code and two counts in the alternative of handling stolen goods contrary to section 322 (2) of the Penal Code.

The allegations in the first count were that on 23rd December, 1999, at Kathera sub-location in Meru Central District within Eastern Province the appellant jointly with others not before court being armed with rungus, robbed Mwirigi M’Kirera of cash Ksh.2,000/- and a handbag all valued at Ksh.3,500/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence on the said Mwririgi M’Kirera . In the second count it was alleged that on the same day and in the same circumstances while armed with rungus the appellant and others robbed Patrick Mundia of cash Kshs.1,150/-, one radio…

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