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(1983) JELR 105061 (CA)

Court of Appeal  •  Criminal Appeal 83 of 1983  •  7 Oct 1983  •  Kenya

Zakayo Richard Chesoni, Alister Arthur Kneller, Chunilal Bhagwandas Madan



The Appellant Harris Mwangi s/o Kuria was jointly charged with two females Margaret Muthoni d/o Kamau and Gathoni d/o Mwangi with robbery with violence contrary to serf/on 296(1) of the Penal Code. The particulars of the offence alleged that on the night of December 9, 1979 at Naivasha Township in the Nakuru District of the Rift Valley Province. The accused jointly with others not before the court robbed Pararayone ole Ngoseri of Kshs. 23,000, two dresses valued at Kshs 75 all valued at Kshs. 23,075 and at or immediately before or immediately after the time of such robbery used actual violence to the said Pararayone ole Ngoseri. When the accused appeared in Court on December 13, 1979 they all pleaded not guilty. On April 23, 1980 the case against Margaret and Gathoni was withdrawn and the two were made prosecution witnesses at the hearing of the case against the appellant, which started on September 22, 1979. The appellant was convicted of the charge and sentenced…

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