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Victor Waiharu Mwangi v. Republic

(2011) JELR 96420 (CA)

Court of Appeal  •  Criminal Appeal 273 of 2005  •  25 Mar 2011  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya

Judgement

JUDGMENT OF THE COURT

Victor Waiharu Mwangi, the appellant, was charged in the Senior Resident Magistrate’s Court at Limuru with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that on 5th day of September, 2001 at Ngecha village in Kiambu District of Central Province, with others not before the court being armed with dangerous weapons or offensive weapon, namely, firearm (pistol) robbed Peter Njunge Wakangu one mobile phone make Siemen C.35 and cash Kshs.3,700/= all valued at Kshs.19,700/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Peter Njunge Wakangu. He pleaded not guilty to the charge and the case was heard between 7th February, 2002 and 8th February 2002 when evidence was taken from the witnesses.

The evidence adduced in the case was that Peter Njunge Wakangu (PW1) was at his house in Ngecha village having supper with members of his family on 5th S…

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