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Denis Ole Sitima & Michael Maigura v. Republic

(2018) JELR 102755 (CA)

Court of Appeal  •  Criminal Appeal 293 of 2012  •  25 Oct 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] On the night of 5th and 6th May, 2006, there was a spate of robberies at Kipsoruwet Village in Murgan Sub-Location, Transmara. Joel Bor (Bor), who operates a shop in the village was one of the victims of the robbery. The robbers who posed as Police Officers asked for his shop licence, and using torches searched the house and took Kshs.2,300/= which were proceeds from the sales for the day. The men tried to tie Bor with a rope, but he managed to escape and ran to a nearby maize plantation. C C N (C) was another victim. She was woken up by her daughter one C who had been asleep together with her other siblings, C C (C) and N C in an outside kitchen. Upon opening the door, C was followed into the house by three people wearing police uniforms. C had lit a lamp and was therefore able to see the three people who entered. One of the men asked for money threatening to kill her, and she gave him Kshs.800/= which she removed from her pocket. The men also broke into her …

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