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Joel Kabari Kimani & Another v. Republic

(2007) JELR 105175 (CA)

Court of Appeal  •  Criminal Appeal 73 of 2004  •  30 Mar 2007  •  Kenya

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



This is an appeal by Joel Kabari Kimani (Joel); and John Ndungu Muturi (Muturi) against the decision, in Criminal Appeal No. 204 of 2002 at Nakuru, of the superior court (Muga Apondi and Lesiit JJ) upholding the convictions of Joel and Muturi of the offence of robbery with violence contrary to section 296(2) of the Penal Code.

Joel and Muturi had been the first and second accused respectively in the inferior court (H.K. Bomett P.M.) along with James Maina Wachira (James) the 3rd accused.

The critical findings made by the Principal Magistrate in relation to the 1st and 2nd accused were as follows:-

“Having considered the evidence and the circumstances of this case very carefully this court has no doubt in believing that the prosecution witnesses have identified the 1st accused as one of the people who robbed the complainant of his money on the material day and,

For the 2nd accused the court finds that there is evidence from PW2 that the 2nd accused took out a gun and …

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