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(2013) JELR 102431 (CA)

Court of Appeal  •  Criminal Appeal 402 of 2009  •  6 Jun 2013  •  Kenya

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



The appellant, Ephantus Mutahi Karegi was arraigned before the Chief Magistrate’s Court at Nyeri and charged with two counts. In Count I, the charge was robbery with violence. The particulars are that on the 4th day of June 2004 at Muhito Location Ngoru village in Nyeri District of Central Province jointly with another while armed with dangerous weapon namely pistol robbed David Wachira Magachi cash Ksh. 1200/-, one mobile phone make Erickson T20, one safaricom credit card all valued at Ksh. 10,450/= and at immediately after the time of such robbery used actual violence to the said David Wachira Magachi. In Count II, the charge was being in possession of a firearm without a valid license in force issued by the firearm licensing officer contrary to Section 4 (1) of the Firearm Act, Cap 114 of the Laws of Kenya.

The facts as established by the trial court was that on 4th June 2004 at about 10.30 pm, David Wachira Magachi (PW1) the complainant in the case drove home i…

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