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Martin Kirira Waweru v. Republic

(2006) JELR 99265 (CA)

Court of Appeal  •  Criminal Appeal 4 of 2006  •  5 May 2006  •  Kenya

Coram
John walter Onyango Otieno, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The appellant in this appeal, Martin Karira Waweru, was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were as follows: -

“On 19th October, 2001 at Runda Estate Nairobi within Nairobi area, jointly with others not before the court while armed with dangerous weapons namely pistol, screw driver, military dagger and telephone wire robbed GRACE WANJIKU WAHOME of her one mobile phone make Siemens M-30 valued Kshs. 4,99/- and at or immediately before or immediately after the time of such robbery used personal violence to the said GRACE WANJIKU WAHOME.”

The case was first heard in the Chief Magistrate’s Court at Nairobi (Miss S. Ndambuki SRM). The Chief Magistrate summarised the facts adduced in evidence presented by the prosecution witnesses before her in the following terms:-

“......The accused while armed with dangerous weapons, a pistol and a knife went to the residence of Mr. Kibe at Runda…

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