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James Mbugua Murega v. Republic

(2015) JELR 105184 (CA)

Court of Appeal  •  Criminal Appeal 97 of 2014  •  6 Nov 2015  •  Kenya

Hannah Magondi Okwengu, Paul Kihara Kariuki, Festus Azangalala



James Mbugua Murega, the appellant herein, was arraigned before the Chief Magistrate’s Court at Kiambu and charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of that offence were that on the 5th day of August 2007, within Kasarini area in Kiambu District in Central Province, he along with others not before the court, while armed with a toy pistol, robbed John Kabaya of Kshs 5,000.00, and at, or immediately before, or immediately after, the time of such robbery, threatened to use actual violence against the said John Kabaya.

The prosecution evidence was that on the material day, at around 10:30 am, John Kabaya (PW1), the complainant, was driving along the Paradise Lost road in Kiambu. He saw three men walking about 200 meters ahead of him. As John approached them, the three men got onto the road and barred his way. Due to his shock, John switched off the engine of the vehicle. John then saw the appellant …

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