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Joseph Muthengi Mulungu v. Republic

(2014) JELR 100630 (CA)

Court of Appeal  •  Criminal Appeal 317 of 2012 (R)  •  4 Apr 2014  •  Kenya

Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, William Ouko



The appellant, Joseph Muthengi Mulungu was convicted by the Machakos Principal Magistrate on the evidence of identification by two witnesses PW2, Kombo Kingao (Kombo) and PW3 Kimwele Mwandikwa (Kimwele), who alleged that they witnessed the appellant commit the offence of attempted robbery with violence with which he was charged.

It was the prosecution case that on 22nd February, 2006, at Kivui Village in Mwingi, the two witnesses saw from different positions, the appellant attack Priscilla Mailu, the complainant in an attempt to rob her of her bag and in the process inflicted a severe panga cut on her right forearm. After this, the appellant is said to have fled into nearby bushes and thereafter disappeared from his home for nearly two years. Although he was well known to the complainant, the latter categorically told the trial court that she did not identify the attacker. When he did return home in 2008, the appellant was arrested and charged under section 297 (2)…

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