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Robert Kimani Mwangi v. Republic

(2011) JELR 96307 (CA)

Court of Appeal  •  Criminal Appeal 324 of 2007  •  30 Sep 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by Nairobi Principal Magistrate (Mrs. Oseko) on one count of robbery with violence contrary to section 296(2) of the Penal Code and one count of being in possession of an imitation firearm contrary to section 4(2)(a) of the Firearms Act. It was alleged in the charge of robbery that on the 23rd day of October, 2003 at Buru Buru Phase v. in Nairobi, jointly with others not before the court while armed with offensive weapons, to wit, a toy pistol, they robbed Peter Kimeu Kitulya of a motor vehicle Registration No. KAQ 109Z, make Toyota Hiace valued at Kshs.1,945,560 and at or immediately before or immediately after the time of such robbery, threatened to use actual violence to Peter Kimeu Kitulya. About 11⁄2 hours later on 24th October, 2003 at Westlands, Nairobi, he was found in possession of an imitation firearm, namely a toy pistol, which was the subject matter of the second charge. Upon his conviction he was sentenced to death on the …

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