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Kahindi Mwatsuma Chivatsi v. Republic

(2011) JELR 100288 (CA)

Court of Appeal  •  Criminal Appeal 356 of 2008  •  21 Jan 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Joseph Gregory Nyamu



Kahindi Mwatsuma Chivatsi, the appellant herein, faced two charges of robbery with violence under section 296(2) of the Penal Code before a Senior Resident Magistrate, (Obulutsa, Esq) at Kilifi. The particulars of the first charge were that on 12th day of October, 2006 at Petanguo Sub-location in Kilifi District of Coast Province, the appellant jointly with others not before the court and while armed with dangerous weapons, namely knives, rungus and pangas, robbed Maoja Charo Ngoa of one camera and Ksh. 1,700/- all to the total value of Kshs 7,200/- and that during the said robbery they used personal violence to the said Maoja Charo Ngoa. The second count alleged in its particulars that on the same date at the same time and place and armed in the same way, the appellant and his confederates not before the court robbed Mwakamusha Katana Kiraga of one torch, one knife and Kshs 3,300/- all to the total value of Kshs 3,655/- and that during the robbery, they used pers…

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