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Peter Kamande, Francis Waweru Ngaruiya, James Muthama Ngai, Francis Chege Kamau & Samuel Mburu Mwanza v. Republic

(2013) JELR 95177 (CA)

Court of Appeal  •  Criminal Appeal 559 of 2010  •  5 Jul 2013  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is a second appeal by the appellants whose appeals to this Court were consolidated before hearing. The appeal has its origin in the proceedings in the Chief Magistrates Court at Thika in Criminal Case No. 2508 of 2005 in which all the appellants faced three counts of robbery with violence contrary to section 296(2) of the Penal Code in that on the 30th and 31st day of March, 2004 at 11.00 a.m. and 1.00 a.m respectively, at Kiandutu village in Thika, jointly with others not before court, while armed with pistols and pangas, robbed Jane Njeri Mugo cash of Kshs. 20,000.00, Radio, Stereotype, all valued at Kshs. 24,000.00. It was alleged that on 31st March 2004, they also robbed Julius Karuiru Wanjiru (Julius) of cash of Kshs. 4,400 and one torch all valued at Kshs. 4,500. The appellants are said to have used actual violence to their victims. The first appellant Peter Kamande Wainanina faced a third account alone of being in possession of (two) 2 ammunition of fi…

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