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Vincent Ndunde Murunga v. Republic

(2019) JELR 94344 (CA)

Court of Appeal  •  Criminal Appeal 211 of 2018  •  24 Oct 2019  •  Kenya

Coram
Philip Nyamu Waki, Daniel Kiio Musinga, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal against the appellant’s conviction and sentence for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.

2. A brief background of the matter as presented before the trial court was that on 10th February 2013 at around 6.30 a.m., whilst fueling a motor bike registration number KMCX 788D at Malava Holiday Petrol Station, the complainant, Timothy Wanami, (PW1), was approached by a passenger, Ndunde Murunga, (the appellant), whom he knew very well. The appellant requested the complainant to take him to a place known as Musalaba. On the way, the appellant strangled the complainant with a wire. The complainant lost consciousness and thirty minutes later found himself in the bush and the motor bike was missing.

3. Following that unpleasant encounter, PW 1 called out a certain lady from a nearby home and explained what had transpired. He then proceeded to Malava Police Station and reported the incident. Thereafter he…

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