ROBINSON NDUNGU NJOROGE V. REPUBLIC

JUDGMENT OF THE COURT

On the morning of May 1, 1981 Mr Sammy Maranga Gandani found his Peugeot motor vehicle registration No KRS 075 which he had parked outside his house on the previous night missing. He reported the theft to the police. On May 6, he collected his motor vehicle at Narok Police station. It was in a damaged condition. The jack and spare wheel were also missing. On May 1, Mr Ronte Ole Murda was waiting by the roadside for a lift by any vehicle going to Ntulele. The appellant arrived driving a vehicle. There was another person with him. Mr Murda signaled him to stop. He did. The appellant agreed to give Mr Murda a lift for Kshs 3 which Mr Murda paid a Kshs 10 note. The appellant gave him Kshs 7 change. The appellant stopped the vehicle on the way to Ntulele. He asked Mr Murda to push the vehicle as it was not taking petrol properly. Mr Murda and the appellant's companion pushed the vehicle near to a bush. The appellant came out of the vehicle. He caught hold of Mr Murda b…