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Daniel Njiru Tiras v. Republic

(2015) JELR 102892 (CA)

Court of Appeal  •  Criminal Appeal 3 of 2014  •  21 Jan 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellant was jointly charged with Charles Kimani Kabari, Charles Nyaga Ngumi and David Njeru Kibutu with two counts of robbery with violence contrary to Section 296(2) of the Penal Code; David Njeru Kibutu and the appellant were also each charged with an alternative count of handling stolen property contrary to Section 322(2) of the Penal Code in the Chief Magistrate’s court at Embu.

The particulars of the first count of robbery with violence were that on 16th June, 2010 at Gitare Market, Embu East District within Embu County, the appellant and his co-accused jointly with others not before the court, while armed with dangerous weapons to wit a rifle and pangas, robbed Ann Leah Muthoni of cash Kshs. 11,000/=, Identification Card , two N.H.I.F cards, a voters card, one Equity bank plate and airtime scratch cards for Safaricom, Zain and Yu companies of different denominations, and at or immediately before or immediately after the time of such robbery, used actual…

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