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(2007) JELR 104959 (CA)

Court of Appeal  •  Criminal Appeal 351 of 2006  •  20 Jul 2007  •  Kenya

Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell



David Jefwa Kalu, the appellant herein, was one of the three people who were tried on one count of robbery contrary to section 296(1) of the Penal Code and two other counts of rape contrary to section 140 of the Penal Code. With regard to the first count of robbery under section 296(1) of the Penal Code, it was alleged against the appellant and his two confederates who are not before us that on 14th January, 1999 at[particulars withheld] in Kilifi District of the Coast Province, the three of them jointly robbed Jumwa Kenga of one bag, “five clothes”, one packet of flour, two hens and cash Kshs. 650 all valued at Shs.1,700/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence on the said Jumwa Kenga. On the second and third charge of rape, it was alleged that on the same day of the robbery and at the same time and place, the appellant and his colleagues “jointly” had unlawful carnal knowledge of KK(count 2) a…

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