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FRANCIS KIMANI MUTHOKO & JAMES KIBIRA KAMITI V. REPUBLIC

(2008) JELR 104175 (CA)

Court of Appeal  •  Criminal Appeal 331 of 2006  •  25 Apr 2008  •  Kenya

Coram
Samuel Elikana Ondari Bosire Daniel Kennedy Sultani Aganyanya John walter Onyango Otieno

Judgement
<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p><em>Edward Okoth Jawuo</em> (PW1) (Okoth) was at the relevant time working as a salesman with Keetons Bakery Oswal and was staying at Ruiru. Davis Manyonge Mumelo (PW2) (Manyonge) was working with the same company as a driver. They were both working at Ruiru. On 24<sup>th</sup> November, 1999 they went to Ruiru Ndakaine area to sell bread. When they reached Gatukuyu the last centre, they stopped the vehicle to collect crates which they had left there. Just as Okoth was alighting, they were accosted by three people all allegedly armed with pistols. Those three people forced them into the motor vehicle which was Registration Number KAC 255L Mitsubishi Canter. One of the three people later identified as James Kibira Kamiti, the second appellant in this appeal before us, took over the vehicle and drove it, while Okoth and Manyonge were squeezed into the vehicle after being threatened with the alleged guns. The vehicle then took off with the two complainants, and the three thugs inside it…</p>

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