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THOMAS MORARA NYAMBEGA v. REPUBLIC

(2011) JELR 93940 (CA)

Court of Appeal  •  Criminal Appeal 226 of 2010  •  6 Oct 2011  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

As at 27th June 2007, Shenaz Charania (PW1), Mohammed Nassir Hussein (PW2) and Zubeda Hemed Kaloma (PW3) were employees of Penguin Forex Bureaux and their offices were along Nyerere Avenue next to Biashara building. Charania was the Managing Director of the forex bureau, Hussein was the Assistant Principal Officer and was also dealing with serialization of the foreign money particularly the Euros, and Kaloma was the cashier. Samuel Okombo Aheha (PW4) was an employee of Wells Fargo Security and on that day he was assigned the duties of guarding the bureau, a job he had done for four years prior to that day. Raphael Mwandoro (PW6) went to the bureau that morning as a customer. Aheha reported on duty that day at 6.45 a.m. and started patrolling the surrounding area. Of course, he could not have access to the inside of the bureau as it was then still too early and the bureau was as yet not open. Kaloma arrived at the bureau at 7.30 a.m. and also stayed outside as it w…

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