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Jacob Mutembei v. Republic

(2013) JELR 105450 (CA)

Court of Appeal  •  Criminal Appeal 327 of 2012  •  28 Nov 2013  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



[1] This is an appeal against the judgment of the High Court dated 19th July, 2012 wherein the appellant's first appeal was dismissed. Jacob Mutembei, the appellant, was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63, Laws of Kenya, in the Senior Principal Magistrate’s Court at Maua. The particulars of the offence were that on 17th June, 2009 at Muringene Location in Igembe South District within the then Eastern Province the appellant jointly with another not before the court robbed Daniel Kabaya Ngore of a mobile phone make Nokia 6070 and miraa all valued at Kshs. 9,000/= and at or immediately before or immediately after the time of such robbery assaulted the said Daniel Kabaya Ngore.

[2] The appellant pleaded not guilty, the prosecution called a total of five witnesses in support of its case. It was the prosecution's case that on 17th June, 2009 at around 11:00 a.m PW1, Daniel Kabaya Ngore (Daniel), was …

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