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Morris Gikundi Kamunde v. Republic

(2015) JELR 98951 (CA)

Court of Appeal  •  Criminal Appeal 332 of 2012  •  26 Feb 2015  •  Kenya

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



1. Morris Gikundi Kamunde was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal code. The particulars of the offence are that on the 24th day of June, 2009, at Kithare sub-location in Murugi Location of Maara District within Eastern Province jointly with another not before court robbed Emily Njagi of one black handbag, one mobile phone make Nokia 2760, two spotlights and Ksh. 200/= cash money all valued at a total of Ksh. 7,500/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Emily Njagi.

2. The complainant Emily Njagi PW1 testified that on 24th June, 2009, at about 6.30 to 7.00 pm she was at Katharaka and was heading home with friends Phyllis Mundi and Kathambi Gitonga. That on the way, she saw two boys emerge from the bush on to the road. They were behind at a distance of 50 metres; that at that time she did not identify them; she was in the company of her friend…

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