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(2007) JELR 96332 (CA)

Court of Appeal  •  Criminal Appeal 103 of 2004  •  4 May 2007  •  Kenya

Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, William Shirley Deverell



Robert Kamau Kariuki, (the appellant), has come to us on second appeal to challenge his conviction and sentence for the offence of robbery with violence contrary to section 296(2) of the Penal Code, particulars of which allege that on 17th June, 2001, at Ololua Ridge, in Nairobi, jointly with others not before the court, while armed with dangerous weapons, namely pistols, robbed Miss Laria Juliana Grant of cash Shs.3,000/=, a mobile phone, a jacket and car keys all valued at Kshs.9,000/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Laria Juliana Grant.

The alleged robbery was committed at about 12 noon in a residential house in Ololua Ridge in Karen, Nairobi. About six people raided the house. The complainant was outside the house, apparently basking in the sun. Two men accosted her. One of the men was armed with a pistol. At gun point they frogmarched her into the house with eyes closed at…

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