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(2019) JELR 100217 (CA)

Court of Appeal  •  Criminal Appeal 9 of 2018  •  4 Apr 2019  •  Kenya

Alnashir Ramazanali Magan Visram JA Martha Karambu Koome JA Wanjiru Karanja JA



1. On 6th December, 2009 at around 4:00p.m. while Samuel Odhiambo (PW1) was making his way to see a friend in Magorofani area in Kisauni, he came across four men who were seated by the roadside. One of them accosted him demanding Kshs.20 and when he informed the said man that he had no money on him, the man become agitated and threatened him. By that time the man in question was standing in front of Samuel but Samuel decided to ignore him and continue on his way.

2. However, the man blocked his way and brandished a knife. He then tried to snatch an envelope that Samuel was holding but Samuel was not willing to let go of the same. As a result, a scuffle ensued between the two resulting with the armed assailant stabbing Samuel on his lip. Thereafter, the other three men joined in and started assaulting Samuel. Fortunately, there were children playing around the area, some of whom the appellant believed were his students. It was Samuel’s testimony that the said childr…

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