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(2016) JELR 105917 (CA)

Court of Appeal  •  Criminal Appeal 56 of 2014 (R)  •  23 Sep 2016  •  Kenya

Daniel Kiio Musinga JA Agnes Kalekye Murgor JA Stephen Gatembu Kairu JA



1. The appellant was convicted of robbery with violence and sentenced to death by the trial court. His first appeal to the High Court was unsuccessful, hence this second appeal.

2. The robbery was alleged to have been committed on 12th October, 2008 at Shiamboko village, Butsotso South Location in the then Kakamega Central District. The appellant, jointly with others not before court, while armed with offensive weapons namely knives, hammer and metal rods, were reported to have robbed one Richard Abwalaba of a suitcase containing clothes, a mobile phone, identity card, a voter’s card and Kshs.3,000/=.

3. The complainant testified that on the material day at about 6.00a.m., while cycling from his home carrying a suitcase full of clothes, he was confronted by two young men, who robbed him of the aforesaid items. The robbers fled into nearby bushes.

4. In the course of the robbery, the complainant screamed and his screams attracted a crowd of people who came to his resc…

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