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Martin Kimathi Mukaria v. Republic

(2013) JELR 99268 (CA)

Court of Appeal  •  Criminal Appeal 462 of 2010  •  6 Feb 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Martha Karambu Koome

Judgement

JUDGMENT OF THE COURT

On 6th August, 2004 at about 11.00 a.m. Christine Kaguri Kiogora (PW1) an employee of Millennium Dealers was walking to the Bank carrying a sum of Kshs.200,600/= in a paper bag which she was going to deposit at Equity Bank. After walking for about 50 metres from the offices, she was accosted by three men. They slapped her, threatened her with a sword and was forced to let the paper bag go. The three men ran away with the money and her mobile phone a Motorola L6, a bunch of keys for the office and a bank book. PW1 tried to run after the robbers while screaming but they disappeared between the buildings and she lost sight of them.

PW1 returned to the office to report what had happened, but on reaching the neighbors shop, she fainted and lost consciousness. Michael Mutuma ( PW2) was at the material time operating a battery charging shop next to Millennium Dealers. He was sitting on a window grill and he saw PW1 struggling with two young men, snatch a paper bag from PW…

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