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Philip Nandi Wamuna v. Republic

(2006) JELR 94742 (CA)

Court of Appeal  •  Criminal Appeal 293 of 2005  •  8 Dec 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

The appellant, PHILIP NANDI WAMUNA was jointly charged with SAMUEL KINYANJUI MUNIU with two counts of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence in respect of the first count were as follows:-

“1. SAMWEL KINYANJUI MUNIU

2. PHILIP NANDI WAMUNA

On the 10th day of December 2000 at 3:30 p.m. at Jamhuri show ground public car park within Nairobi Province, jointly with others not before court while armed with a dangerous weapon namely simis robbed Simon Kimani Mbugua of his Kshs.2,650/= and at or immediately before or immediately after the time of such robbery used personal violence to the said Simon Kimani Mbugua”.

In respect of the second count the particulars stated:-

“1. SAMWEL KINYANJUI MUNIU

2. PHILIP NANDI WAMUNA

On the 10th day of December 2000 at 3:30 p.m. at Jamhuri Show grounds within the Nairobi Area Province, jointly with others not before court, while armed with dangerous weapons namely simis, robbed Hel…

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