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Erick Ratemo Mwebi & Evans Obuya v. Republic

(2010) JELR 105492 (CA)

Court of Appeal  •  Criminal Appeal 67 of 2007  •  23 Sep 2010  •  Kenya

Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



Erick Ratemo Mwebi and Evans Obuya, the appellants herein were the 6th and 5th accused respectively at the trial court. They were charged in the Principal Magistrate’s Court at Nyamira with four others who were acquitted under Section 210 of the Criminal Procedure Code, with two charges of robbery with violence contrary to section 296(2) of the Penal Code, one alternative charge of handling stolen property contrary to section 322(2) of the Penal Code, two charges of rape contrary to section 140 of the Penal Code and two alternative charges of indecent assault contrary to section 144(1) of the same Code. The facts were that on the night of 23rd September, 2003 H. N.B (PW1), his wife R. M. B (PW2),one A. M (PW4) and his wife F. N. M (PW5) were asleep in their respective houses at N. Secondary School teachers quarters when a group of people attacked and robbed them of money, clothes and other household goods. They stole Kshs.5,360/=, a radio, two spotlights, four l…

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