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Peter Kioko Wambua,Alex Kimanzi Mukuu,Jairus Kitheka Munyoki & Muli Munuve Mutiso v. Republic

(2013) JELR 96507 (CA)

Court of Appeal  •  Criminal Appeal 270 of 2011  •  23 Oct 2013  •  Kenya

Coram
Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

On 26th September, 2006 at about 10 p.m. Kama Abdalla Mbungo (Mbungo), Pashua Juma Pashua (Pashua), Juma Juma Shee (Shee) Kama Mohamed Dosho (Dosho) and Hadija abdalla Ngozi (Ngozi) left Lunga Lunga in Kwale District for Mombasa. They were being driven in a motor vehicle registration number KAQ 330p Toyota Prado owned by Hon. Abdallah Ngozi, the then member for Parliament for Msambweni Constituency. Whereas Dosho was the driver, Mbungo was the Chief for Ranga Location, Pashua was the security detail for Hon. Abdallah Ngozi, Ngozi was the daughter of Hon. Abdalla Ngozi and Shee was a passenger. Their sojourn was however abruptly cut short when on reaching Makongeni area long Msambweni-Diani highway, the motor vehicle suffered tyre punctures of the right front and rear tyre forcing Dosho to pull to the side of the road and stop. Dosho and the other passengers disembarked from the motor vehicle. Immediately Pashua contacted Mr Abdalla Ngozi's wife for assistance sinc…

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