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Barson Stephen Meshack v. Republic

(2014) JELR 105800 (CA)

Court of Appeal  •  Criminal Appeal 378 of 2012  •  26 Jun 2014  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



On the night of 10th March, 2009 at Likizo Cottages in Msambweni District of the then Coast Province an incident of robbery with violence occurred. Apparently, PW1 Mbithi Joel Muasya, who was the driver cum manager and the complainant in respect of count four in the charge-sheet had on 10th March, 2009, at about 7 p.m., taken the owner of Likizo Cottages, Dr Kurt Lux and two of his friends, Stein Mazel Martin and Baver Wolfgang, to have dinner at Ushago Restaurant, in Diani, Msambweni District. Kurt, Wolfgang and Martin were the complainants in counts one, two and three respectively in the charge-sheet. At about 10 p.m. as they returned to the cottages and were waiting for the gate to be opened by one of the watchmen, Ali Alfan PW2, and unknown to them, there were thugs lurking in the neighbourhood ready to pounce on them. As they drove in the four thugs forced their way into the compound past PW2. Sensing that the thugs meant no good since they were armed with wh…

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