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Benard Wamalwa Alias Beno v. Republic

(2019) JELR 105763 (CA)

Court of Appeal  •  Criminal Appeal 234 of 2018  •  6 Jun 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

On 23rd November, 2010, Daniel Kigomi Njenga (PW1), a mechanic by trade, was heading home from work in Moi’s Bridge at about 8.00p.m. He stopped at the town bus stage on a culvert to await a motorbike to take him home. The stage was well lit by street lights and he saw one Beno, a fellow he had been seeing touting at that stage, pass by him in the company of someone he did not know. Suddenly, Beno turned and boxed him on the head felling him to the ground. Beno then stepped on PW1’s stomach while his friend hit him on the left ribs with a stick he was wielding.

The two robbed PW1 of his Nokia phone and some Kshs.150 in cash before he lost consciousness. He came to the next day at the Kitale District Hospital whence he was discharged 2 days later. His pain persisting, he was re-admitted to hospital and surgery done to remove his damaged spleen. While still in hospital, his relatives, to whom he had mentioned Beno as one of his assailants, gave that information to po…

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