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Douglas Muthaura Ntoribi v. Republic

(2014) JELR 104929 (CA)

Court of Appeal  •  Criminal Appeal 317 of 2008  •  30 Apr 2014  •  Kenya

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



The appellant, Douglas Muthaura Ntoribi, was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal code. The particulars of the offence are that on the 8th day of June, 2004, at Bombitine village, Kigane Sub-Location in Meru Central District within the then Eastern Province, the appellant jointly with others not before court and armed with dangerous weapons to wit panga and rungus robbed Dr. Simon K. Ikiugu Ksh. 500/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Dr. Simon K. Ikiugu.

The complainant, PW1, Dr. Simon K. Ikiugu, testified that he is a pharmacist and runs a pharmacy shop. That on 8th June, 2004 at 1.00 am together with his wife, Jane Ngure Karimi (PW3) were asleep in his house. He heard his dogs barking and then shortly his watchman, Dominisian Kungania, came and knocked on his bedroom window and said there was danger outside. He put on his clothes and wa…

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