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Sammy Kanyi Mwangi v. Republic

(2010) JELR 95043 (CA)

Court of Appeal  •  Criminal Appeal 60 of 2006  •  28 May 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

On the 5th day of February, 2003 at about 11.30 pm, Susan Njeri Hinga (PW2) (Susan) had closed her hotel business at Elburgon town and was heading to her residence in Kasarani area. Walking along the same way but behind her was her brother-in-law, Maina Muigai Geoffrey (PW1) (Maina) who was accompanied by an Administration Policeman (AP) on his way to guard duties at Timsales Timber factory situated on that route. They caught up with Susan and walked together up to the main gate of Timsales, where the AP branched out and the two proceeded on. After walking for an undisclosed distance, Susan and Maina saw three people walking behind them. The three had appeared from a side road, or a fence of DEB school shining torches, and holding pangas and rungus. They stopped Susan and Maina and ordered them to lie down and produce all the money they had. Maina lay down and gave them Shs. 250/= but one of the robbers took another Shs. 50/= from his trouser pocket and removed hi…

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