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Joseph Emurio v. Republic

(2007) JELR 100731 (CA)

Court of Appeal  •  CRIMINAL APPEAL 85 OF 2006  •  2 Nov 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

During the evening of 25th July, 1997 at about 7.30 p.m. a gang of armed robbers raided Kibirichia Trading Centre of Meru District within Eastern Province. The robbers first attacked a butchery operated by GIDEON MANYARA (PW9) from whom they stole eight kilogrammes of meat, a watch and money. Then, they moved to a nearby beer joint known as Karo Bar. They shot in the air five times after which one of them who was armed with a rifle entered the bar. He ordered all the patrons who were in the crowded bar to lie down and threatened to shoot any one of them who disobeyed his orders. The bar was well lit with electricity lights. Among the patrons was a brave Administration Police Officer Charles Murunga (PW5). As the patrons lay prostrate on the floor PW5 leapt on the armed robber and disarmed him. With assistance from the bar patrons, PW5 pinned down the robber and tied him with a belt. The other robbers fled the trading centre. PW5 later handed over to the police theā€¦

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