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(2020) JELR 92839 (CA)

Court of Appeal  •  Criminal Appeal 5 of 2018  •  25 Sep 2020  •  Kenya

Roselyn Naliaka Nambuye, Sankale ole Kantai, Patrick Omwenga Kiage



The appellant, Wilson Njoroge Kangatua, and the deceased (James Kinyanjui Murange) were cousins who resided in the same house in Kitengela in the then Kajiado District, the deceased having invited the appellant to stay with him. The deceased worked at a petrol station in that town and he owned a motor vehicle and two motor cycles which were used as taxis and they were driven by people he employed in that regard. According to the evidence led by the prosecution the appellant with others conspired to steal the motor vehicle and one of the motor cycles and this is why they killed the deceased on 16th June, 2010.

The appellant with another (who was acquitted at the trial) were arraigned before the Magistrate’s Court at Kajiado and charged on Count 1 with the offence of robbery with violence contrary to section 296(2) of the Penal Code particulars being that on 16th day of June, 2010 at Kitengela township with others not before court while armed with dangerous weapons n…

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