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Martin Mungathia v. Republic

(2015) JELR 99258 (CA)

Court of Appeal  •  Criminal Appeal 56 of 2013  •  26 Feb 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. Martin Mungathia, was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal code. The charge against the appellant was that on the 31st day of August, 2009, at Jua Kali area in Isiolo District within Eastern Province, with others not before court being armed with dangerous weapons namely Somali sword robbed Osman Saney Hamur Ksh. 1,200/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Osman Saney Hamur.

2. The complainant Osman Saney Hamur PW1, testified that on 31st August, 2009, at abut 2.30 am he was going home from BP petrol station where he worked; that when he reached the Jua Kali area he was surrounded by three attackers who emerged from a nearby kiosk; the attackers stopped him and one of them cut him on the back of the head; that there was security light from the nearby Waso dispensary; the scene of crime to Waso dispensary is about 50 meters; it was clear a…

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