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Harun Mwambia Ndereba & Kimathi Mugo Basilio v. Republic

(2015) JELR 104831 (CA)

Court of Appeal  •  Criminal Appeal 57 of 2013  •  17 Dec 2015  •  Kenya

Roselyn Naliaka Nambuye, Fatuma sichale, Patrick Omwenga Kiage



The two appellants HARON MWAMBIA NDEREBA and KIMATHI MUGO BASILIO (hereinafter the 1st and 2nd appellants respectively) were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars were that on 31st day of January, 2010 at Ngumbao market Mariaini Sub-Location in Meru South district within Eastern Province jointly and with another not before court they robbed BERNARD NJOKA of a mobile phone make Nokia, one National Identity Card serial number 223106585, Electors Card number 01540058, Equity Bank Account card, Barclays Bank of Kenya Ltd saving card number 375383 and cash Kshs.500.00 all valued at Kshs.6,000.00 and immediately before and (sic) immediately after the time of such robbery used actual violence to the said BERNARD MATE NJOKA.

The trial proceeded before P. Ngare, the then Principal Magistrate, Chuka who in a ruling delivered on 15th July 2010 found the appellants had a case to answer. In their defences…

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