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Moses Gitonga Kimani v. Republic

(2015) JELR 98941 (CA)

Court of Appeal  •  Criminal Appeal 69 of 2013  •  26 Feb 2015  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal against the judgment of the High Court wherein the appellant’s conviction and sentence were upheld. The appellant was jointly charged with his father, Julius Kimani, initially for the offence of grievous harm contrary to Section 234 of the Penal Code in the Senior Principal Magistrate’s Court at Nkubu. However, the charge was later substituted with the offence of robbery with violence contrary to Section 296(2) of the Penal Code.

2. The particulars of the offence were that on 19th August, 2006 at Nkumari Village, Kariene Location in Meru Central District within the then Eastern Province, the appellant and his co-accused while armed with a dangerous weapon namely a panga jointly robbed Lawrence Mungatia Magambo of cash Kshs. 18, 500/= and at or immediately before or immediately after the time of such robbery wounded the said Lawrence Mungatia Magambo.

3. The prosecution called a total of four witnesses. It was the prosecution’s case that o…

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