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Daniel Kuria Guyo v. Republic

(2011) JELR 102920 (CA)

Court of Appeal  •  Criminal Appeal 64 of 2010  •  9 Jun 2011  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

In the trial court, the Chief Magistrates Court Nakuru, the appellant was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The prosecution alleged that on the 26th day of March, 2005 at Njoro Township in Nakuru District within the Rift Valley Province the appellant jointly with others not before court, robbed Nelson Kimathi (complainant) of her National Identity card, ATM card, one mobile phone make Bird and cash Kshs.2,500/= all amounting to Kshs.10,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Nelson Kimathi.

According to Nelson Kimathi PW 1, a police constable, on 26th March, 2005 at 10.30 pm he was at Njoro Trading Centre on police patrol in casual clothes in the company of other police officers on official duties, when a group of four (4) men attacked him and robbed him as stated in the particulars of the charge set out above. PW 1 who is also th…

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