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(2016) JELR 102528 (CA)

Court of Appeal  •  Criminal Appeal 15 of 2014  •  14 Oct 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



Victoria Waithera, the complainant in the trial court was a student at Jomo Kenyatta University, Taita Taveta Campus. On 20th January, 2011 at about 6 p.m., whilst on her way home at Diani, she encountered two men. One of them was leaning against a wall while the other, dressed in a T-shirt and jeans with a paper bag, stood in the middle of the path of the complainant. As it was still daylight, the complainant did not suspect anything untoward from the two men. However, as the complainant got close to the men, the one on the path immediately drew a panga from the paper bag and told her to co-operate and keep quiet or face dire consequences. This man then snatched the complainant’s handbag and the duo then ran away. The complainant screamed for help. Members of the public came to her aid, pursued the duo albeit unsuccessfully. In the snatched handbag were Kshs.4,000/- Nokia and Motorola cellphones, jewellery and clothes belonging to the complainant. Because of her …

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