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PETER MATIKU MUHIRU V. REPUBLIC

(2006) JELR 95048 (CA)

Court of Appeal  •  Criminal Appeal 187 of 2004  •  3 Mar 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo JA Emmanuel Okello O'Kubasu JA Erastus Mwaniki Githinji JA

Judgement

JUDGMENT OF THE COURT

The appellant PETER MATIKU MUHIRU and three others were jointly charged before the Senior Principal Magistrate Naivasha, with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The appellant was the second accused while MWITA CHACHA, PETTERSON OUMA OGOWO and PETER OTIENO NGONG’O were the 1st, 3rd, and 4th accused respectively.

They were alleged to have robbed one PETER MBURU GIKONYO (complainant) of Shs. 2,750 on 3rd October, 2001 at Naivasha Town.

The relevant facts are briefly as follows:-

On 3rd October, 2001 at about 2.40 p.m. the complainant who is a businessman in Naivasha Town and a pastor deposited Shs.420,000 at Kenya Commercial Bank Naivasha and was given a deposit receipt. As he was going back to his shop he was called by a man who was inside a parked car within Naivasha Township.

When he went to the vehicle the man who was seated on the driver’s seat directed him to another man behind the vehicle. That other man introduced…

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