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PETER MBURU MWANGI & 3 OTHERS
V.
REPUBLIC

(2014) JELR 95597 (CA)

Court of Appeal 27 Nov 2014 Kenya
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Case Details

Suit Number:Criminal Appeal 292 of 2011
Judges:Alnashir Ramazanali Magan Visram JA Martha Karambu Koome JA James Otieno Odek JA
Location:Nakuru
Other Citations:Peter Mburu Mwangi & 3 others v. Republic [2014] eKLR

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court at Nakuru, Emukule and Ouko, JJ. dated 18th November, 2011. The background facts are that on the night of 10th October, 2004, in Nakuru, the family of GMN (PW1) was terrorized by armed robbers who beat up G and her two sons and stole from them money and other household items. The attack happened at about midnight. G had gone to sleep in the said house with two of her grandsons. They slept in separate rooms. They were woken up by a loud bang on the door, and suddenly two people entered the bedroom where G was sleeping. They had a torch which they shone on G and demanded money while threatening to shoot her with a gun they were carrying. G was slapped on the face, and she gave them Kshs. 1,000/- ; they threatened to set her on fire after they doused a towel with paraffin and tied it round her neck. The attackers also took a T. V., radio and a bedcover from G.

2. As the attackers passed through the children's ro…

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