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(2007) JELR 104958 (CA)

Court of Appeal  •  Criminal Appeal 255 of 2004  •  12 Oct 2007  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, William Shirley Deverell



DAVID MAINA MWANGI, the appellant, was charged before the Chief Magistrate’s Court, Nairobi, with the offence of robbery with violence contrary to section 296(2) of the Penal Code, with an alternative count of handling suspected stolen property contrary to section 322(2) of the Penal Code. He was convicted on the main count but no finding was made on the alternative count, properly so in our view.

In convicting the appellant, the trial Magistrate found as fact that the appellant was positively and satisfactorily identified as the person who, jointly with another who was not before the court, violently robbed Benjamin Mutahi (PW 1) of Kshs 3,000/=, one leather jacket, one wrist watch, a pair of leather shoes and a motor vehicle registration No. KYC 517, a Peugeot 305. The court also found as fact that the appellant was found in possession of a car radio cassette player, which was removed from the aforesaid motor vehicle, a day after it was stolen.

The superior court …

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