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Moses Kinoti Nkoroi, Misheck Mbogo Muriithi & Bernard Karanja Mwangi v. Republic

(2013) JELR 98930 (CA)

Court of Appeal  •  Criminal Appeal 333 & 335 of 2009  •  18 Sep 2013  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The complainant PW 1, Stella Wagatu Ngare, on 16th February 2005 was with other members of Kimunye Self Help Group. They met outside her shop at Kimunye to contribute money as was the normal practice every Wednesday. She was the group treasurer and on the material day they raised Ksh. 92,157/= and was tasked to take the money to Kenya Commercial Bank, Kerugoya Branch for banking. While en-route in a matatu, the complainant was robbed of the money.

The three appellants were charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal code. The Information against the appellants is that on the 16th day of February 2005 at Kimunye Trading Centre in Kirinyaga District within Central Province, jointly while armed with dangerous weapons namely a rifle and a pistol robbed Stella Wagatu Ngare of cash Ksh. 92,157/= and that immediately before or immediately after the time of such robbery threatened to use actual violence to the said Stella Waga…

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