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Charles Mutunga Musyoka & Thomas Muli Wambua v. Republic

(2010) JELR 103271 (CA)

Court of Appeal  •  Criminal Appeal 20 of 2007  •  19 Feb 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

The appellant herein CHARLES MUTUNGA MUSYOKA, was jointly charged with THOMAS MULI WAMBUA (now deceased) in the Senior Resident Magistrate’s Court at Kangundo with robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence as per the charge sheet were as follows:-

“1. THOMAS WAMBUA MULI 2. CHARLES MUTUNGA MUSYOKA: On the 24th day of October 2004, at Matakutha village in Matungulu Division in Machakos District within the Eastern Province, jointly with others not before court, while armed with dangerous weapons namely pangas, iron bars and rungu robbed FLORENCE NDINDA NDOLO of cash Kshs.10,000/-, 3 mobile phones, clothes and a pair of shoes all valued at 100,000/- and at or immediately before or immediately after the time of such robbery used actual violence to the said FLORENCE NDINDA NDOLO.”

As can be noted from the particulars of the offence the appellant was the 2nd accused during the trial.

After a full trial before the Sen…

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