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David Mugo Kimunge v. Republic

(2015) JELR 102814 (CA)

Court of Appeal  •  Criminal Appeal 4 of 2014  •  13 May 2015  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



1. The appeal before us raises only one issue of law: the doctrine of recent possession and its application. It was well argued by learned counsel for the appellant, Mr. C. M. Kingori. So well that learned Assistant Director of Public Prosecutions Mr. Kaigai conceded the appeal. Despite the concession, however, this court has the duty to re-examine the issue and satisfy itself that the findings of the two courts below were indeed erroneous. What are the underlying facts?

2. The appellant, David Mugo Kimunge was initially jointly charged with five others before Embu Chief Magistrate’s court with two counts of the offence of Robbery with violence contrary to Section 296 (2) of the Penal code. The particulars of the 1st count were as follows:

“On the 18th day of August, 2010 at Evurore, Kiamachaki village in Embu County jointly with others not before court while armed with offensive weapons namely axe, pangas and rifle, robbed SIMONDA IGOKI of her 40 shirts, 35 meters…

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