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Michael Kibe Njane v. Republic

(2014) JELR 99122 (CA)

Court of Appeal  •  Criminal Appeal 38 of 2012  •  21 Jan 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Michael Kibe Njane, the appellant, was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63, Laws of Kenya and an alternative count of handling stolen property contrary to Section 322(2) of the Penal Code in the Senior Resident Magistrate's Court at Kigumo.

The particulars of the offence of robbery with violence were that on 20th September, 2009 at Ichagaki Village in Murang'a South District within the then Central Province, the appellant jointly with others not before the court while armed with crude weapons namely pangas, knives and metal bars robbed Peter Maina Kamau of motor cycle registration number KMCF 174F make Tiger TG 150 valued at Kshs. 81,000/= and a mobile phone make Samsung M300 valued at Kshs. 5600/= and at the time of such robbery used actual violence to the said Peter Maina Kamau. The particulars of the alternative charge were that on 10th October, 2009 at about 3:00 p.m. at Kamburu Village in K…

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