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Moses Nderitu Kagunya & another v. Republic

(2012) JELR 98908 (CA)

Court of Appeal  •  Criminal Appeal 56 of 2010  •  23 Feb 2012  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno



The State Counsel who represented the Director of Public Prosecutions in this appeal, Mr. v. O. Nyakundi conceded it, and we think he was right to do so.

The appeal arose from the judgment of the High Court (Emukule and Ouko, JJ.) delivered on 5th March, 2010 dismissing the appeal by the two appellants herein against their conviction for the offence of robbery with violence contrary to section 296(2) of the Penal Code. The facts leading to their conviction were fairly straightforward and may be summarized:

Festo Amaji Litunda (PW1)(Litunda) was a taxi driver based in Nakuru town. He was employed by Rodex Samson Andari (PW2) (Andari) who owned motor vehicle KAL 824K, Toyota Corolla. On 24th May, 2005 at about 2.00 p.m. a lady approached him and sought transport to Mweiga in Nyeri to buy vegetables. They negotiated the price and agreed on Kshs.4,500/= for the return trip. They drove all the way to Solio Ranch where he was asked by the lady to branch off the main road.…

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