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Charles Mulandi Mbula v. Republic

(2014) JELR 103279 (CA)

Court of Appeal  •  Criminal Appeal 123 of 2010  •  31 Jan 2014  •  Kenya

Coram
Paul Kihara Kariuki, Jamila Mohammed, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This is an appeal by Charles Mulandi Mbula (hereinafter the Appellant) from the judgment of the High Court upholding and affirming the conviction and sentence by the trial Senior Resident Magistrate’s court in respect of a criminal charge of attempted robbery with violence contrary to section 297(2) of the Penal Code.

The particulars of the charge are that on the 17th day of July 2005, at Dandora Phase v. Estate in Nairobi, while armed with an offensive weapon, namely a club, attempted to rob Jethro Mwitusia Motongori of a mobile phone and cash and at or immediately before or immediately after the time of such attempt, used actual violence to the said Jethro Mwitusia Motongori.

The Appellant was arraigned before the Senior Resident Magistrate - Makadara in Nairobi on the 3rd August 2006 and charged with the offence of attempted robbery with violence contrary to Section 297(2) of the Penal Code, where he pleaded not guilty. Following trial, the learned Magistrate fou…

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