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Julius Moi & Patrick Ndunde v. Republic

(2016) JELR 100459 (CA)

Court of Appeal  •  Criminal Appeal 57 of 2014  •  23 Sep 2016  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellants, Julius Moi and Patrick Ndunde, were the second and first accused persons respectively before the trial court where they were charged, alongside Aggrey Majani, who was the third accused, with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the night of 19th/20th November 2007 at [Particulars withheld] village, [Particulars withheld] Sub location in Kakamega District of the then Western Province, jointly with others, while armed with dangerous weapons robbed Hagai Ligami of household items enumerated in the charge sheet, all valued at Kshs. 250,000.00 and at or immediately after the time of such robbery they used actual violence on J H.

2. Under count II, they were charged with the offence of gang rape contrary to section 10 of the Sexual Offences Act. The particulars were that on 20th November 2007 at [Particulars withheld] village, [Particulars withheld] Sub location i…

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