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(2001) JELR 98311 (CA)

Court of Appeal  •  crim app 55 of 00[1]  •  18 Jan 2001  •  Kenya

Akilano Molade Akiwumi, Richard Otieno Kwach, Moijo Matayia Ole Keiwua



James Mwazuzu Mwazome, the appellant, and one Laban Mwakwomba Mwawana were jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. It was alleged that on the night of January, 31st 1992 at about 2.00 a.m, the accused broke into the shop of one Janet Mshai Kutoyi robbed her of one weighing machine and other items and money. The accused had also attacked the complainant and inflicted injuries from which she bled profusely. Prior to the attack the complainant had been asleep in a room at the back of the shop when she heard a loud bang which awakened her and she went out to the verandah, where she noticed that the door to the back of the shop and that of her room had been forced open with a stone. At the verandah, she saw three persons and was able to recognise the appellant whom she had known since his childhood and had visited her shop frequently. The appellant sought to know what these people wanted and one of them sh…

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