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(2015) JELR 105709 (CA)

Court of Appeal  •  Criminal Appeal 58 of 2014  •  29 May 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



Haron Juma Odipo employed Julius Gicengi Lithuti (the complainant) to drive his taxi registration number KBA 914 K Toyota Caldina Station Wagon. On 12th March, 2008, at about 8 p.m. while operating the taxi in Voi town the complainant was approached by two men who sought his services to drive them to a place called Sisera. They negotiated the fare and settled at Kshs.600/=. The two men asked him to stop by a certain bar where they were joined by two other men, one with a bandaged hand. Upon reaching their destination at Sisera the man with a bandaged hand drew a gun and forced the complainant to proceed towards Msau area, beyond Sisera. They stopped at a homestead whereupon the passengers-turned robbers tied the complainant’s limbs with telephone cables as they beat him up. He was thrown to the back seat of the car while the man with a bandaged arm took control of the car. Shortly from the homestead they stopped in the bush, and the complainant and two members of …

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