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(2014) JELR 102684 (CA)

Court of Appeal  •  Criminal Appeal 33 of 2014  •  30 Jul 2014  •  Kenya

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



1. The appellant with two other accused persons were charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code, Cap 63 of the Laws of Kenya. The particulars were that on the 21st day of June 2006 at Ndimaini village in Nyeri District within Central Province while armed with dangerous and offensive weapons namely clubs robbed Laban Maina Njogu of cash Ksh. 60/= and a mobile phone make Motorola C113 serial number 359194001966454 valued at Ksh. 2,500/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Laban Maina Njogu.

2. The gist of the prosecution case against the appellant is the testimony of PW1 Laban Maina Njogu and PW2 Monica Waruguru Muthiga.

PW1 testified as follows:

“On 21st June, 2006, at 10.00pm I was on the way from Ndumaini shopping centre to my home. I was walking alone. I had gone to the shopping centre to pass time. On the way I was 1 Km away from my home whe…

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