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Stanley Muriithi Njeru v. Republic

(2014) JELR 94613 (CA)

Court of Appeal  •  Criminal Appeal 98 of 2013  •  30 Jul 2014  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. STANLEY MURIITHI NJERU was charged with attempted robbery with violence contrary to Section 297 (2) of the Penal Code. The particulars are that on the night of 22nd April, 2009, at about 10.00 pm at Total Petrol Station, Runyenyes Town in Embu East District within Eastern Province jointly with others not before court, while armed with dangerous weapons namely pangas, axes, toy pistol and iron bars attempted to rob Simon Gathereru Gatoru of money and at or immediately before or immediately after the time of such attempted robbery with violence used actual violence to the said Simon Gathereru Gatoru.

2. The facts in support of the prosecution case was given by PW1 Simon Gathereru Gatoru. He testified as follows:

“I work at Runyenyes Petrol Station as a petrol attendant. I am employed by Beatrice Wangari. I do recall on the night of 22nd and 23rd April, 2009. On 22nd April, 2009, I reported to work at 4.00 pm. I took over from those who were working during daytime. …

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