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Samuel Githinji Kimaru & Peter Mwangi Wanjiru v. Republic

(2014) JELR 96373 (CA)

Court of Appeal  •  Criminal Appeal 637 of 2010  •  20 Mar 2014  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. The appellant Samuel Githinji Kimaru was jointly charged with Peter Mwangi Wanjiru (deceased) and another with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The person who was charged as 3rd accused was acquitted by the trial court while the 2nd appellant herein died before the appeal was heard. The particulars of the offence are that on 27th July, 2008 at Nakuru Township in Nakuru District of the Rift Valley Province, jointly with others not before court being armed with dangerous weapons namely pistols, robbed Maurice Mwita Nyabagosi of a motor vehicle registration number KAV 781C Toyota Corrola saloon station wagon white in colour valued at Ksh. 550,000/= a mobile phone make Samsung A800 valued at Ksh. 13,000/= cash money Ksh. 100/-, ATM card all valued at Kshs. 563,100/= and immediately before or immediately after such robbery, used actual violence to the said Maurice Mwita Nyabagosi. In Count II, the appellant was char…

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