JAMAL ABDULAHI OSMAN & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

Jamal Abdulahi Osman and Mohamed Abdikadir Hassan, the two appellants herein, were charged together with a third accused in the Senior Resident Magistrate's Court at Wajir with one count of robbery with violence contrary to section 296 (2) of the Penal Code. The two appellants herein were also charged with another count of assault in resisting arrest contrary to section 253 (a) of the Penal Code while the first appellant faced a third count of handling stolen property contrary to section 322 (2) of the Penal Code.

The facts of the offence in count one were that on 1^st February, 2009 at around 4:00 p.m at Wajir District within the North Eastern Province, jointly robbed Abdiwelli Ahmed of cash money Kshs.100,000/= and USD 1,500/= and immediately before and after the time of such robbery wounded the said Abdwelli Ahmed. The facts of the offence in count two were that on 1^st February, 2009 at around 4:00 pm at Wajir town in Wajir District within the North Eastern Provi…