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Vincent Oduor v. Republic

(2013) JELR 96629 (CA)

Court of Appeal  •  Criminal Appeal 283 of 2005  •  12 Jul 2013  •  Kenya

Coram
George Benedict Maina Kariuki, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant, Vincent Oduor, was charged at the first instance with Daniel Wanyoike Warui, with three counts of robbery with violence contrary to Section 296(2) of the Penal Code. Particulars of the charge were that,

“Count 1, on the 7th day of September 2001 at about 9.00pm at Uhuru Estate in Nairobi within the Nairobi area jointly with others not before the court, while armed with a dangerous weapon a toy pistol robbed JOSEPH KIMANI MWANGI a motor vehicle registration number KAJ 921 F Isuzu matatu and Kshs 6000/- and at or immediately before or immediately after the time of the robbery used actual violence against the said JOSEPH KIMANI MWANGI by threatening to shoot him with a pistol.

Count 2, on the 7th day of September 2001 at about 9.00pm at Uhuru Estate in Nairobi within the Nairobi area jointly with others not before the court, while armed with a dangerous weapon a toy pistol robbed LUMWAJI SETH of1,700/- cash and at or immediately before or immediately aft…

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