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Daniel Gichimu Githinji & Sylvester Odero Ondiek v. Republic

(2018) JELR 102933 (CA)

Court of Appeal  •  Criminal Appeal 27 of 2009  •  13 Jul 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellants, David Gichimu Githinji and Sylvester Odero Ondiek (appellants), were jointly arraigned before the Senior Resident Magistrates’ Court at Kibera, charged with the offence of Robbery with violence contrary to section 296(2) of the Penal Code (Cap 63) laws of Kenya. The particulars of the offence were that, the appellants on the 4th day of September, 2004, along Silanga Road Hardy Estate within the Nairobi Area Province (as it was then known, now Nairobi County), jointly being armed with a dangerous weapon namely, a panga robbed Dorothy Awuor Bonyo, of her handbag valued at Kshs. 600/=, and at or immediately before, or immediately after, the time of such robbery, threatened to use actual violence to the said Dorothy Awuor Bonyo.

The appellants denied the charge prompting a trial in which the prosecution tendered evidence through four (4) witnesses namely, Dorothy Awuor Bonyo (PW1) (the complainant); Patrick Mulwa, (PW2); Joseph Nguta, (PW3) and Police c…

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