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Josephat Karanja v. Republic

(2014) JELR 105152 (CA)

Court of Appeal  •  Criminal Appeal 188 of 2009  •  4 Apr 2014  •  Kenya

John Wycliffe Mwera, Jamila Mohammed, Stephen Gatembu Kairu




This is a second appeal by JOSEPHAT KARANJA, (hereinafter referred to as the appellant) who was charged before the Chief Magistrate’s Court at Kibera with the offence of attempted robbery with violence contrary to section 297 (2) of the Penal Code.

The particulars of the offence were that on the 17th day of December 2005, at Kibera, Makina within Nairobi province, the appellant, jointly with another not before the court, while armed with a dangerous and offensive weapon, namely a panga, attempted to rob SAMUEL ATUKI ONYIEGO of KShs.3,000/- and some documents, and at or immediately before or immediately after the time of such attempted robbery used actual violence against the said Samuel Atuki Onyiego.

At the trial, Samuel Atuki Onyiego (PW1), testified that on his way home on 17th December, 2005, at about 11:20pm, he was confronted by two people, among them the appellant, who asked him to surrender everything that he had on him. One of the assailants had a…

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