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Erick Ingohi Luevo & Moses Onyango Ongule v. Republic

(2017) JELR 102384 (CA)

Court of Appeal  •  Criminal Appeal 83 of 2016  •  10 Feb 2017  •  Kenya

Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Festus Azangalala



1. On 31st January, 2010 at around 9:30 p.m. Shilen Thakerar (PW1) flew into Nairobi from Dar es Salaam. He was picked up from the Jomo Kenyatta International Airport by his wife, Basri Shilen Thakerar (PW8), their 4 year old son and brother in law, Roop Vinodlal Ruparel (PW4). They all headed to his father in law, Mr. Vinodlal Rupaker’s house at Westlands, arriving there at around 10:30 p.m. The 1st appellant, who had been employed as a guard at the house, opened the gate and they drove into the compound. Mr. Vinodlal came out of the house to greet them. He stood at the verandah and beckoned them to come into the house.

2. Shilen and Roop got out of the car and headed towards the house, leaving Shilen’s wife and their son in the car. Roop then noticed a man armed with a knife approaching him on his right, and another armed with an axe, on his left. He also saw a third man armed with a panga. The intruders directed them to enter the house. However, the door had bee…

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