JUMANNE HABIB V. REPUBLIC
(1997) JELR 104712 (CA)
Court of Appeal
•
Criminal Appeal 91 of 1996
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23 Jan 1997
•
Kenya
Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">Before the Resident Magistrate Mombasa the present appellant along with four other suspects was jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code.</p><p class="ql-align-justify">The particulars of the charge state that on 15th January, 1993 at Kibokoni in Mombasa District within the Coast Province they jointly being armed with dangerous weapons namely; two pistols, robbed Mulhat Mohamed of 14 bangles, 3 sets of golden necklaces and some other ornaments and property mentioned therein of the total value of Shs.361,000/=, and at or immediately before or immediately after such robbery threatened to use personal violence against the said Mulhat Mohammed brief history of the matter is that Mulhat Mohamed (P.W.1) had gone to her grandmother's house. At the material time she was alone in the house with the appellant and a maid, Dinah Mbarak (P.W.2). P.W.1 sent the appellant to buy charcoal. The appellant returned at about 10.20 a.m. and brought charco…</p>