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Titus Mwangi Muchira & 2 others v. Republic

(2014) JELR 95087 (CA)

Court of Appeal  •  Criminal Appeal 178 of 2011  •  23 Oct 2014  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

Titus Mwangi Muchira, Peter Kinuthia and Peter Gibson Kimani were jointly charged with nine counts for the offence of robbery with violence contrary to Section 296 (2) of the Penal code. The events relating to all the nine counts occurred in a single robbery episode. The information in Count I was that on 28th May, 2005, at Kiamunyi farm in Nakuru District within Rift Valley Province, jointly with others not before court while armed with dangerous weapons namely pistols and iron bars robbed Mosses Kamau Ngige of motor vehicle registration no. KAE 831 C make Nissan, one cell phone make Siemens A35 and cash Ksh. 1,050/=all valued at Ksh. 540,850/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Mosses Kamau Ngige. The other counts in the charge sheet relate to robbery with violence meted on passengers who were in the motor vehicle belonging to Mosses Kamau Ngige.

The complainant PW1, Mosses Kamau Ngige, test…

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