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Suleiman Kamau Nyambura v. Republic

(2015) JELR 94671 (CA)

Court of Appeal  •  Criminal Appeal 5 of 2013  •  13 Apr 2015  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court ( Sergon and Wakiaga, JJ.,) dated 1st November, 2012, wherein the appellant’s conviction and sentence for the offence of robbery with violence was upheld while the appeal for his co-appellant Joseph Mwangi Wanjiku was allowed. We think it is imperative to briefly set out the essential background facts of the matter.

Suleiman Kamau Nyambura alias Karogo was jointly charged with Joseph Mwangi Wanjiku, before the Principal Magistrate’s Court at Murang’a with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge were that on 25th July, 2009, at Mukuyu area, Murang’a North District, in the then Central Province, jointly, while armed with offensive weapons namely knives, they robbed Mauritius Njatahini Mwangi of cash Kshs. 15, 850/= (Fifteen Thousand Eight Hundred and Fifty Shillings) and at the time of such robbery used actual violence to the said Mauritius …

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