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Peter Irungu Kinuthia v. Republic

(2011) JELR 96404 (CA)

Court of Appeal  •  Criminal Appeal 334 of 2007  •  6 May 2011  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram



The appellant, Peter Irungu Kinuthia was convicted by the Principal Magistrate’s Court at Makadara for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. It was alleged that on 12th day of March, 2003 at Dandora Phase II Estate within Nairobi area jointly with others not before the court and while armed with a dangerous or offensive weapon namely a pistol robbed Teresa Wanjiru Njaramba of cash money Kshs.1,000/=, a bag containing two bibles, seven books, National Identity Card and a driving licence all valued at Kshs.1,200/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Teresa Wanjiru Njaramba.When the substance of the charge was read to the appellant by the Court on 21st March, 2003, he denied it and the prosecution called seven (7) witnesses in support of the charge. Teresa Wanjiru Nyaramba (PW1) was at the house of Elizabeth Kavutha (PW2) when Josephine N…

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