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(2002) JELR 98302 (CA)

Court of Appeal  •  crim app 85 of 01  •  18 Jan 2002  •  Kenya

Samuel Elikana Ondari Bosire, Richard Otieno Kwach



The appellant, Joseph Mutinda , was on the 23rd day of April, 1998, convicted of the offence of robbery with violence contrary to Section 296(2 ) of the Penal Code. The particulars of the offence with which he was charged were as follows:-

"On the 30th day of June, 1997 at Makadara area in

Mombasa District within Coast Province, jointly with others not before the co urt, being armed with dangerous weapons, namely pistols robbed JESCA SITUMA NELIMA of cash Kshs.89,460/= the property of COAST PROVINCIAL GENERAL HOSPITAL."

The facts relating to the robbery were that on the 30th day of June, 1997 at about 2.30 p.m. some employees of Coast General Hospital were travelling in the hospital ambulance to carry out certain errands, one of which was to take cash (Shs.89,460/=) to a bank for depositing there. On the way the ambulance was overtaken by a Nissan saloon car which swerved abruptly in front of the ambulance causing it to stop. Two people then emerged from somewhere an…

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