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Akim Azed Wakoli, Edwin Wafula Kilima & Joseph Stephen Juma v. Republic

(2014) JELR 105654 (CA)

Court of Appeal  •  Criminal Appeal 49 of 2009  •  13 Jun 2014  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The three appellants, Akim Azed Wakoli, Edwin ,Wafula Kilima and Joseph Stephen Juma were charged on 14th November, 2006 before the Principal Magistrate's Court at Siaya with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on 22nd October, 2006, at Ligega Village, Siaya District, within Nyanza Province, jointly with others not before the court, and while armed with dangerous weapons, namely firearms, rungus and pangas, they robbed George Ochieng Kadega of an Ahuja amplifier, a pocket radio, a Yashika camera and a wrist watch all valued Kshs 28,000/=, and at or immediately before or immediately after the time of the said robbery, they used actual violence on the said George Kadega.

The third appellant was separately charged with handling stolen goods contrary to section 322 (2) of the Penal Code; the particulars of that offence being that on 1st November, 2006 at Kitale Town in Trans Nzoia District within …

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