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James Murigi Kariuki v. Republic

(2011) JELR 105182 (CA)

Court of Appeal  •  Criminal Appeal 147 of 2007  •  8 Apr 2011  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu



James Murigi Kariuki, the appellant, was on 26th May 2003, charged before the Chief Magistrate Court, at Thika, with the offence of robbery with violence contrary to section 296(2) of the Penal Code, particulars being that:-

“ On 19th May 2003 at Thika Township in Thika District within the Central Province, while armed with knives, jointly with others not before the Court robbed PAUL NJOROGE NJUGUNA of cash Kshs 200/-, spectacles and a Nokia 3310 mobile phone all valued at Kshs 20,200/- and at or immediately after the time of such robbery used personal violence on the said PAUL NJOROGE NJUGUNA.”

At the trial Paul Njoroge Njuguna, the complainant, testified that on 19th May 2003 he was making a telephone call using his mobile telephone, a Nokia 3310 as he walked to his home from Thika. When he reached Mama Ngina Gardens, he was accosted by three people who lifted him up, carried him into the aforesaid gardens and there forcibly took away his telephone, spectacles and…

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