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Julius Baariu Munoru v. Republic

(2013) JELR 100477 (CA)

Court of Appeal  •  Criminal Appeal 555 of 2010  •  6 Feb 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

The appellant herein Julius Baariu Munoru was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code before the principal magistrates court at Maua vide criminal case No.655 of 2002, in that on the 29th day of August,2000 at 11.00p.m at Amaku Sub Location Kiengu location, in Meru North District within the Eastern Province jointly with another not before the court, while armed with dangerous weapons namely pangas and iron bars robbed John Mutua M’ Ekotha of cash Kshs.50,000/= and at, or immediately after the time of such robbery used actual violence to the said John Mutua M’Ekotha.

The appellant denied the charge as laid. He was tried by the lower court. Seven (7) witnesses gave evidence for the prosecution, namely (PW1), John Mutua M’Ekotha (PW2), Stephen Maru Mungania, (PW3) Samuel Njulu Kibul, (PW4) No.93049679 AP Fred Kithure, (PW5) No.57714 P.C.Ronald Mukangai, (PW6) No.61546 P.C. Timothy Mbitiwe, and (PW7) Paul Murunga. …

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