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Peter Mwangi Kamau v. Republic

(2013) JELR 96561 (CA)

Court of Appeal  •  Criminal Appeal 366 of 2007  •  20 Sep 2013  •  Kenya

Coram
Paul Kihara Kariuki, William Ouko, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

Peter Mwangi Kamau was charged with two counts of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the charges were that:

Count 1- on the 11th day of September 2002 at 3.45 AM at Flat No. 6 along Tagore road off 1st Parklands Avenue within Nairobi, jointly with others not before the court, being armed with crowbars robbed Joseph Henry Ashimala cash Kshs 5,500 one mobile phone make siemens M30 valued at Kshs. 6,000/- and a certificate of Appointment all valued at Kshs. 11,500/- and at or immediately before or immediately after such robbery used actual violence against the said Joseph Henry Ashimala.

Count 2- on the 11th day of September 2002 at 3.45 AM at Flat No. 6 along Tagore road off 1st Parklands Avenue within Nairobi, jointly with others not before the court, being armed with crowbars robbed Rose Osengo Ashimala cash Kshs. 5,000/-, one mobile phone make Motorola V50 valued at Kshs 11,000/-, golden ring valued at Kshs. 7,000…

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