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David Mutune Nzongo v. Republic

(2014) JELR 105268 (CA)

Court of Appeal  •  Criminal Appeal No. 536 of 2010  •  21 Mar 2014  •  Kenya

Wanjiru Karanja, George Benedict Maina Kariuki, Patrick Omwenga Kiage



This is a second appeal by David Mutune Nzongo (appellant) against the conviction and sentence on a charge of robbery with violence contrary to Section 296(2) of the Penal Code, his first appeal having been dismissed by the High Court of Kenya at Machakos (Waweru and Lesiit, JJ).

The appellant was jointly charged with one Alex Mwendwa Musyimi (co-accused) before the Senior Resident Magistrate’s Court at Mwingi with three counts of robbery with violence contrary to Section 296 (2) of the Penal Code.

In the first count, the two were jointly charged that, on 20th March, 2005 at Mwingi Township, Mwingi Location in Mwingi District within the Eastern Province, they jointly with others not before the court robbed Donald Wambua Muthiani of a mobile phone make Bird, a wrist watch make 'Seiko 5' and cash Kshs. 3,000/= all valued at Kshs. 14,600/= and at or immediately before or immediately after the time for such robbery used actual violence on the said Donald Wambua Muthiani…

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