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Samuel Gichuki Wahome , John Ndirangu Kamau v. Republic

(2013) JELR 96625 (CA)

Court of Appeal  •  Criminal Appeal 318 of 2011  •  18 Jul 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

Samuel Gichuki Wahome, the 1st appellant herein, and John Ndirangu Kamau, the 2nd appellant herein, were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code, Chapter 63 of the Laws of Kenya, in the Chief Magistrate's Court at Nyeri. The particulars of the offence were that on 2nd December, 2006 at Kiahungu Market in Nyeri District within the then Central Province, the appellants jointly with others not before the court, robbed David Kimathi Wanjau of a motor vehicle registration number KAT 485B Toyota Corolla saloon, and a cellphone make Motorola C117 S/No. 359185005344078 all valued at Kshs. 302, 480/ = and at or immediately before or immediately after the time of such robbery, killed the said David Kimathi Wanjau.

The prosecution called a total of 11 witnesses. It was the prosecution's case that David Kimathi Wanjau (deceased) operated a taxi business within Mukurweini. On 1st December, 2006 while at the taxi terminus in…

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