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Benson Masakhwe v. Republic

(2019) JELR 105740 (CA)

Court of Appeal  •  Criminal Appeal 16 of 2015  •  3 Jul 2019  •  Kenya

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



1. The appellant was charged with robbery with violence contrary to Section 295 as read with Section 296 (2) of the Penal Code. The particulars were that on the night of 22nd February 2012 at Bulanda Village in Butere District within Kakamega County, jointly with others not before the court while armed with dangerous weapons namely rungus robbed James Okaliyo Shishamba a motorcycle registration No. KMCR 815G Engine No. 5D81667573 Frame No. MD 625 EF BID 30203 Model TVS star, red in colour valued at Kshs. 93,000/= and at the time of such robbery used actual violence against the said James Okaliyo Shisamba.

2. The prosecution relied inter alia on the testimony of James Okalio Shitsamba (PW1) He testified as follows:

“I am James Okalio Shisamba...... I used to be a boda boda motorcyclist. I had been employed to work on it by Wilson Nyengure Muniafu. The motor cycle was registration No. KMCR 815 G. It was a red TVS star. .... I know the accused by appearance. I got to k…

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