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(1985) JELR 98720 (CA)

Court of Appeal  •  crim app 130 of 84  •  25 Sep 1985  •  Kenya

Joseph Raymond Otieno Masime JA James Onyiego Nyarangi JA Harold Grant Platt JA Alan Robin Winston Hancox JA


September 25, 1985, Hancox, Nyarangi JJA and Platt Ag JA delivered the following Judgment.

The appellant, Peter Kamau Mwangi, was arraigned of Robbery contrary to section 296(1) of the penal code, the allegation being that he on October 29, 1983,

“At about 7.15 pm at Maili Kumi, Bahati in Nakuru District of the Rift Valley Province jointly with others not before the court, robbed Mr Elam Nyangara of his cash Kshs 3,150.00, two leave cheques of Kshs 1,660.00, one long trouser all to the total of Kshs. 4,930.00 and at or immediately before or immediatlely after the time of such robbery threatened to use actual violence to the said ELAM NYANGARA.”

He was convicted and sentenced to 4 years imprisonment and 5 strokes corporal punishment and he was ordered to be subjected to be under Police supervision for 5 years on release. His appeal to the High Court ( Masine, J ) was summarily rejected.

The circumstances in which the robbery took place were such as to confer exceptional significance on ide…

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