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Hussein Osman Kamakia & Another v. Republic

(2007) JELR 105204 (CA)

Court of Appeal  •  Criminal Appeal 170 of 2004  •  2 Mar 2007  •  Kenya

Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, William Shirley Deverell



The first appellant HUSSEIN OSMAN KAMAKIA and the second appellant STEPHEN KARIBO NDEGWA were jointly charged with four others including MARTIN BARASA WANYONYI before the Chief Magistrate Nakuru with one count (count 1) of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge alleged that on 23rd November, 1999 at 7.30 p.m. at East Gate Bar the appellants and co-accused while armed with rifles robbed WILLIAM WAWERU of his motor vehicle registration number KAJ 221Z Toyota Corolla, wrist watch and other personal documents.

The first appellant and MARTIN BARASA WANYONYI were, in addition, charged in count II and count III with the offences of possession of an AK 47 rifle and 13 rounds of ammunition without a firearm certificate contrary to section 4 (1) of the Firearms Act. Martin Barasa Wanyonyi escaped from custody before trial.

The first and second appellants were convicted after the trial for the offence of robbery with …

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