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(2020) JELR 102852 (CA)

Court of Appeal  •  Criminal Appeal 125 of 2019  •  20 Nov 2020  •  Kenya

Abdul Majid Cockar, Daniel Kiio Musinga, Jamila Mohammed



1. The appellant, David Kanyitta Nyoro, has in this second appeal challenged his conviction and sentence for the offence of robbery with violence.

2. In the night of 14th February 2014, David Kabea Ngethe (Ngethe) and his wife Mary Kabura Ngethe (Kabura) were in their home at Golden Palm Estate, Njathaini area, Kiambu County when they were attacked and violently robbed. Ngethe had arrived home late that night and proceeded to the bedroom leaving his wife in the sitting room. Shortly thereafter it started raining and he heard his wife screaming. On descending downstairs, he saw a man wearing a jacket and retreated. He was then confronted by two men who picked his phone and ordered him to go downstairs. He saw that his wife, who was sitting on the staircase, had injuries on the head and had several cuts. He was ordered to sit down at the table room. One of the attackers went into the bedroom of Ngethe’s son and moved out with a laptop after which the attackers left. …

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