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Ernest Shiemi & Calystus Anzetse v. Republic

(2013) JELR 98124 (CA)

Court of Appeal  •  Criminal Appeal 350 of 2011  •  20 Dec 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGEMENT OF THE COURT

The appellants Ernest Shiemi (hereafter the “first appellant”) and Calisters Anzetse (also called “Calysters” and “Calisters” in the proceedings) (hereafter the “second appellant”) were charged before the Chief Magistrate, Kakamega, in Criminal Case No. 248 of 2005 with various offences to wit robbery with violence contrary to Section 296 (2) of the Penal Code particulars of the first count being that on the night of 12th / 13th December, 2004 at Ivanga village, Shivakala sub-location in Kakamega district in Western province jointly with others not before court while armed with dangerous weapons namely pangas, swords and rungus robbed Joseph Handa of cash Kshs. 80,000/=, one mobile phone make Nokia 3310, one radio cassette make Panasonic and one hammer all valued at Kshs. 98060/= and at or immediately before or immediately after the time of such robbery used actual violence to the said complainant.

There was an alternative charge to that first count against the se…

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