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Samuel Wambua Muthoka v. Republic

(2017) JELR 94018 (CA)

Court of Appeal  •  Criminal Appeal 155 of 2014  •  3 Nov 2017  •  Kenya

Roselyn Naliaka Nambuye, William Ouko, Patrick Omwenga Kiage



The appellant, Samuel Wambua Muthoka was arraigned before the Chief Magistrates’ Court at Kibera with the offence of Robbery with violence contrary to section 296 (2) of the Penal Code, in that on the 6th day of April, 2009 at Upper Matasia in Kajiado North District, within the Rift Valley Province ( as it was then called) jointly with another not before Court, while armed with dangerous weapons, namely swords, robbed Moses Njogu Ndirangu of (1) a 14 inch T.V. Sony, (2) a DVD Sony, (3) JVC Video 4 Nokia 1011 (5) Nokia 1200 (6) 15Kg gas cylinder (7) gas cooker (8) heater (9) 5kg maize floor (10) 3 litres oil (11) 2kg sugar (12) cash Kshs. 7,500/=, all valued at Ksh.

51,600, and at or immediately before or immediately after the time of such robbery, assaulted the said Moses Njogu Ndirangu (Moses). The appellant denied the charge prompting a trial in which the prosecution called three (3) witnesses in support of its case, while the appellant who gave sworn evidence wa…

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