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Michael Kimani Kungu v. Republic

(2020) JELR 99121 (CA)

Court of Appeal  •  Criminal Appeal 686 of 2010  •  19 Jun 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Mohammed Abdullahi Warsame

Judgement

JUDGMENT OF THE COURT

Incidences of robbery with violence and robbery in general in this country are rampant. Some robberies succeed and some hit a dead end. A question then arises where the robbery fails but violence prevails and innocent lives are lost. This was the case in the present appeal.

The appellant, Michael Kimani Kungu was charged with one count of attempted robbery with violence contrary to Section 297(2) of the Penal Code before the Chief Magistrate Court at Kibera. The particulars of the offence were that on the 6th May, 2004 at Kandisi village, Ongata Rongai Township in Kajiado District within the then Rift Valley Province jointly with others not before court while armed with dangerous weapons namely a pistol attempted to rob Appolo Jakait of personal effects and at or immediately before or immediately after the time of such attempted robbery, shot and killed the said Apollo Jakait.

The appellant also faced a second count of attempted suicide contrary to Section 226 of th…

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