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Eliud Kamau Njuguna v. Republic

(2012) JELR 102496 (CA)

Court of Appeal  •  Criminal Appeal 82 of 2010  •  15 Mar 2012  •  Kenya

Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Hannah Magondi Okwengu



The appellant was convicted by Senior Resident Magistrate Malindi of seven counts of robbery with violence contrary to section 296 (2) of the penal code. He was sentenced to death in the first count. The sentences in the other counts were left in abeyance. His appeal to the High Court against conviction in six counts was dismissed. However the appeal against conviction in the second count was allowed. This is the second appeal.

The evidence relied on by the prosecution was straight forward. On 29th of October Swaleh Mbarak Said (PW1), (Swaleh) the complainant in the first count, was transporting ballast in his lorry registration NO. KAG 611Z from Garsen to Mnazini. He had been contracted by one Ahmed to supply the ballast at a building site. Swaleh was accompanied by the said Ahmed; Mohamed Gaffa (PW3) – complainant in count v. who were in the cabin and Abdalla Komora Hiribae (PW2) complainant in count III, Juma Abio Galama (PW4) complainant in Count IV. Mohammed, …

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