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Brown Tunje Ndago & another v. Republic

(2014) JELR 104999 (CA)

Court of Appeal  •  Criminal Appeal 249 of 2011  •  22 May 2014  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



The two appellants Donald Ondayo Omodo, (1st appellant) and Brown Tunje Ndago, (2nd appellant) were jointly charged with 11 counts of robbery with violence contrary to section 296(2) of the Penal Code before the subordinate court at Kwale. The counts were in relation to a series of robberies that occurred on various different dates and places within Diani Location, Kwale District of the then Coast Province. The first three counts were in relation to a robbery which occurred at Daradare of Diani Location on 8th November, 2007. Count 4 related to a robbery which occurred on the 13th November, 2007 at an Italian Supermarket within Diani Location. Count 5 and 6 related to a robbery which occurred at Eden Drops and Eden Drops Hotel in Diani Location on 16th November, 2007. Counts 7, 8, 9 and 10 all related to a robbery that occurred at Asins Supermarket in Diani Location on 27th November, 2007 while count 11 referred to a robbery incident which occurred at the Leisure …

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