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ZAKAYO KARIUKI KAMAU V. REPUBLIC

(2016) JELR 92769 (CA)

Court of Appeal  •  Criminal Appeal 10 of 2011  •  14 Apr 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant ZAKAYO KARIUKI was arraigned before the Principal Magistrate's court at Nyahururu vide Criminal Case No. 1109 of 2008 with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that on the 29th day of May 2008 at 7.30 pm along Subukia Nyahururu Road, Mwereri junction, Subukia Location, Nakuru North District of the Rift Valley Province, jointly with others not before court, being armed with a dangerous weapon namely pangas and rungus robbed James Kariuki Chege a motor vehicle registration KAP 632Q make Nissan Matatu, cash money Kshs 500/-, a mobile phone make Nokia 1108, badge and P.S.V licence all valued at Kshs 504,500/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said James Kariuki Chege.

The appellant denied the charge prompting a trial in which the prosecution called four (4) witnesses to prove its case while th…

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