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Peter Njuguna Kamami v. Republic

(2015) JELR 94900 (CA)

Court of Appeal  •  Criminal Appeal 253 of 2010  •  2 Oct 2015  •  Kenya

Coram
Paul Kihara Kariuki, Jamila Mohammed, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Peter Njuguna Kamami, hereinafter referred to as the appellant, was arraigned, alongside with three others, before the Chief Magistrate’s Court at Thika on two counts of the offence of robbery with violence. The brief particulars on the first count were that on the 10th May 2005, the accused persons being armed with a pistol robbed Martin Nyangi Kimani of a vehicle, registration number KAH 791W, a mobile phone, a driving licence and Kshs. 1,000.00, and at the time of the said robbery threatened to use actual violence to him. On the second count, the brief particulars were that the appellant, alongside with others, robbed Anthony Muiruri Kimani of a mobile phone make Motorolla V66 and Kshs. 2,000.00, and at the time of such robbery threatened to use actual violence on him.

The evidence led by the prosecution was that the complainants who are Martin Kimaru (PW1) and Anthony Muiruri (PW2) were plying their trade operating a taxi within Gatundu area in Thika. The appel…

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