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Kinyanjui v. Republic

(1981) JELR 99805 (CA)

Court of Appeal  •  Criminal Appeal 55 of 1980  •  21 Jul 1981  •  Kenya

Coram
Eric John Ewen Law, Alfred Henry Simpson, Cecil Henry Ethelwood Miller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: LAW and MILLER JJ A and SIMPSON AG JA)

CRIMINAL APPEAL NO 55 OF 1980

BETWEEN

KINYANJUI.....................................APPELLANT

AND

REPUBLIC.................................RESPONDENT

JUDGMENT

(Appeal from the judgment of the High Court at Nairobi (Hancox and Sachdera JJ) in Criminal Appeal No 642 of 1978 dated 7th December, 1978)

July 21, 1981, the following Judgment of the Court was delivered.

On 18th July, 1977 at about 9.10 a.m a gang of four men entered a shop called Sunlight Watch Co in Tubman Road, Nairobi belonging to Nassir Sheikh. One produced a gun, another a panga. Ordering the proprietor, his assistant and a customer to lie down they removed 163 watches from a glass show-case and ran out of the shop to a waiting car. The proprietor was kicked as he lay on the floor, the assistant was struck on the head with a gun-butt and the customer was shot in the shoulder when he tried to prevent the escape of the man with the gun. At 11.30 a.m Insp…

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