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Arte Abdi Wito & Aden Sharif Abdi v. Republic

(2010) JELR 106847 (CA)

Court of Appeal  •  Criminal Appeal 252 of 2007  •  9 Jul 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellants, ARTE ABDI WITO and ADEN SHARIFF ABDI were jointly charged with others 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 1st October, 1998 at Bulla Mzungu in Garissa Township jointly with others not before Court while armed with dangerous weapons to wit a firearm, robbed H.O.I of KShs.132,945/= cash, shop goods and personal property valued at KShs. 10,000/= and at or immediately before or immediately after the time of such robbery shot dead the said H.O.I. The appellants denied the charge but after a full trial before the Senior Resident Magistrate at Garissa (S.M.S. Soita, Esq.,), the appellants were found guilty as charged and convicted. They were sentenced to death as mandatorily provided by the law.

The facts as accepted by the two courts below were as follows: On the night of 1st October, 1998, at about 3:00 p.m., A.A.O (PW1) then aged 13 years old was sleeping…

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