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Bernard Njeru Kamwara v. Republic

(2019) JELR 105704 (CA)

Court of Appeal  •  Criminal Appeal 45 of 2017  •  9 May 2019  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. Austin Odiwour (PW1) and Benson Baya Msanzu (PW2) were engaged as salesmen by Ocean Distributors Limited; their duties included the supply and sale of various cigarette brands stocked by their employer. To that end, the two were issued with motor vehicle registration number KBK 043E, make Toyota Hilux, to facilitate the performance of their duties.

2. On 12th June, 2010 at around noon while in the course of duty, Austin and Benson made a stop at Kibaoni Takaungu wherein Benson went to a client’s shop leaving Austin inside the vehicle. After a while, Austin decided to stretch his legs but before he could get out of the vehicle, two men emerged from both sides of the vehicle. As per Austin, one of the men, who he described as hefty, lifted his shirt exposing a pistol tucked under his belt. As would be expected, this caused Austin to cooperate with the assailants without putting up any resistance, and the two assailants got into the front cabin of the vehicle pushi…

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