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Juliet S. Mohamed, Salim Mohamed & Said Abdalla Said v. Republic

(2017) JELR 100480 (CA)

Court of Appeal  •  Criminal Case 103 &104; of 2014 & 10 of 2015 (Consolidated)  •  17 Feb 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Although Salim Mohamed (the 2nd appellant) and Said Abdallah Said (the3rd appellant) were separately charged, respectively with preparation to commit a felony and being in possession of narcotic drugs for which they were convicted and sentenced, it is their conviction, jointly with Juliet Mohamed (the 3rd appellant) for the offence of robbery with violence that has elicited this appeal.

The robbery is said to have been committed on 15th February,2009 at about 9pm at the Likoni Ferry area and that it involved three suspects, two men and a lady. The victim who was the only complainant recalled how the lady, who he identified as the 1st appellant lured him aside, away from the rest of the people around the ferry area. Once isolated the complainant was attacked by three men, among them the 2ndand 3rd appellants. From the manner the robbery was executed, the complainant concluded that the 1st appellant was acting in concert with the three men. As the 2nd appellant held …

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