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Moses Njenga Ndungu v. Republic

(2016) JELR 98905 (CA)

Court of Appeal  •  Criminal Appeal 432 of 2010  •  17 Nov 2016  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



1. On the 22nd November 2008 at about 9.30 pm, Peter Gatiba Irungu (Peter) (PW1), closed down his sausage business at Tokyo Bar and Restaurant in Nyahururu town. He was walking home when barely 100 meters from his place of business, he was accosted by three men. He noticed that they were armed with pangas and a rungu. They demanded money and his mobile phone and he quickly raised his hands as one of them, who stood in front of him, frisked his pockets and took his driving licence, mobile phone and wallet containing cash Sh. 1800 and several other documents. It took about two minutes after which the robbers disappeared towards Manguo Estate.

2. As the robbery took place, the watchman at Toyota Bar and Restaurant, Geoffrey Lemakara (PW3) who had just assisted Peter in closing down the business and escorted him out, heard a scream and rushed out only to find Peter struggling with three men near the Caltex Petrol Station. As he approached, the robbers ran away but Peteā€¦

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