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Bernad Mulwa Musyoka v. Republic

(2019) JELR 105720 (CA)

Court of Appeal  •  Criminal Appeal 25 of 2016  •  8 Feb 2019  •  Kenya

Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Sankale ole Kantai



1. Benard Mulwa Musyoka (the appellant) was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code Chapter 63, Laws of Kenya. The particulars of the offence were that on 5th day of March, 2013 at Mutungu village, Nduu sub-location, Kithembe location in Kilungu district within Makueni county, Benard Mulwa Musyoka robbed Charles Mwau Ndan’ga of Ksh.10,000/- and one mobile phone make Samsung valued at Ksh.2,500/- and immediately after the time of such robbery used actual violence to the said Charles Mwau Ndan’ga.

2. The accused denied the charge and the matter proceeded to hearing with the prosecution concluding its case after calling five witnesses. After being placed onto his defence, the appellant opted to remain silent and wait for the judgment of the Court. He called no witnesses either.

3. The brief circumstances leading to the arrest of the appellant and arraignment in court were as follows: On 5th March, 2013, at around …

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