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Martin Kirimi Mugambi & David Mutuma Alias Gatune v. David Mutuma Alias Gatune

(2013) JELR 99266 (CA)

Court of Appeal  •  Criminal Appeal 334 of 2013  •  13 Nov 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The 2nd appellant died before this appeal was heard his appeal abated and consequently the appeal is by the 1st appellant.

David Mutuma alias Gatune (2nd appellant now deceased), Martin Kirimi Mugambi (1st appellant) and Norah Wanjiru Mbishara, were charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The Information is that on 11th December 2005 at Kaguru village, Kigane sub-location in Meru Central District within the Eastern Province, jointly with others not before Court while armed with dangerous weapons namely Pangas, Rungus, Axe and building stones robbed Johnson Mwongera Nkanata cash Ksh. 7,800/=, one video deck make Panasonic S/No. J 7TA08910, one blood pressure measuring machine make Hartmann, two mobile phones make Nokia 2100 S/no. 353358004201559 and Sagem 815 S/no.33205735003530, one belt, one wrist watch and two pairs of sport shoes all valued at Ksh. 43,000/= and at immediately before or immediately after su…

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