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JOHN MWANGANGI KAMILI v. REPUBLIC

(2001) JELR 98308 (CA)

Court of Appeal  •  crim app 49 of 00  •  17 Jan 2001  •  Kenya

Coram
Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

John Mwangangi Kimuli (the appellant) was tried and convicted by the Senior Resident Magistrate, Mombasa, on a charge containing two counts. On the first count he was charged with robbery with violence contrary to section 296(2) of the Penal Code. It was alleged that on 1st November,1996 at about 9:40 p.m. along Links Road, Nyali Estate, Mombasa, jointly with others not before the court, the appellant robbed Amir Verjee of a motor vehicle No. KAG 540X valued at Shs.600,000/=, Shs.3,000/= in cash, an identity card and a Driving Licence and at or immediately before or after the said robbery threatened to use violence and did use violence by firing a gun at the said Amir Verjee. The charge in the second count was being in possession of a firearm without a certificate contrary to section 4(2)(b) of the Firearms Act. On the firearm charge he was sent to prison for two years.

The prosecution's case was that Amir Verjee and his wife left their house in Tudor in their car …

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