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Kimani Mwangi v. Republic

(2007) JELR 99826 (CA)

Court of Appeal  •  Criminal Appeal 296 of 2005  •  14 Dec 2007  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The appellant herein, KIMANI MWANGI together with three others were arraigned before the Senior Principal Magistrate’s Court at Kibera in Criminal Case No. 2677 of 1999 on two counts of robbery with violence contrary to section 296(2) of the Penal Code. There was a third count of rape contrary to section 140 of the Penal Code but as the appellant was acquitted together with his co-accused, we shall not unduly concern ourselves with that count.

The particulars of the offence in the first count stated as follows:-

“1. MUJAZI KAIRU 2. KIMANI MWANGI 3. ALAN NYOIKE 4. JOHN MWAURA: On the 9th day of March, 1999 at Railway Golf Club within the Nairobi area Province, jointly with others not before court, robbed N.N. of cash Kshs.17000/=, and at or immediately before or immediately after the time of such robbery, used personal violence on the said N.N.”

And the particulars of the offence in respect of the second count stated:-

“1. MUJAZI KAIRU 2. KIMANI MWANGI 3. ALAN NYOIKE 4…

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