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Dedan Kimathi & Phineas Kaaria v. Republic

(2015) JELR 102774 (CA)

Court of Appeal  •  Criminal Appeal 53 of 2013  •  26 Feb 2015  •  Kenya

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



1. The 1st and 2nd appellants jointly with Chabari M’ruare were charged with one count of robbery with violence contrary to Section 296(2) of the Penal Code in the Principal Magistrate’s Court at Chuka. Chabari M’ruare was also charged with an alternative count of handling stolen property contrary to Section 322(2) of the Penal Code.

2. The particulars of the offence of robbery with violence were that on 30th September, 2008 at KamujwaVillage, Tunyai Location in Tharaka District within the then Eastern Province while armed with dangerous weapons namely pangas, the appellants and their co-accused jointly robbed Chabari Ntariberia of two sacks of maize, two sacks of peas and cash Kshs. 30,000/= all valued at Kshs. 37,000/= and at or immediately before and immediately after the time of such robbery wounded Chabari Ntariberia. On the alternative charge, the particulars were that on the abovementioned date and place otherwise than in the course of stealing Chabari M’rua…

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