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Joel Opwala Waburiri & Musa Suleiman Muya v. Republic

(2019) JELR 98289 (CA)

Court of Appeal  •  Criminal Appeal 143 of 2015  •  21 Nov 2019  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Some residents of Ekero Location in Mumias were terrorised on the night of the 27th and 28th March, 2011 when they were visited with robberies with violence and at least two women were raped. Following those events, 9 men were presented before the Principal Magistrate at Mumias charged with various offences. The appellants, Joel Opwala Waburiri and Musa Suleiman Muya were convicted while the other seven men were acquitted at the trial.

The offences the appellants were charged with were on count I to IV robbery with violence contrary to section 296 (2) of the Penal Code; particulars in count I being that on the said night at the said place jointly while armed with offensive weapons namely pangas, iron bars, axes and pistols they robbed Peter Openda of 4 mobile phones and a stove all valued at Shs.36,800 and immediately after the said robbery they used actual violence against the said person. Particulars in count II being that on the said night at the said place join…

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