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Mbithi Kioko Mutua v. Republic

(2020) JELR 99178 (CA)

Court of Appeal  •  Criminal Appeal 71 of 2016  •  24 Apr 2020  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] On 21st September, 2009 George Mutiso Kyengo, (PW1), the complainant herein, woke up early at about 5am. He worked as a mason and resided within Ongata Rongai Township. As he opened his door to go to work, he was confronted by an assailant who grabbed him and pulled him outside. The assailant hit him with a metal rod on the chest and knocked him down. The assailant then stole from him a cap and a wallet which was in his pocket. PW1 struggled and managed to free himself and ran towards the road as the assailant chased him for a distance of about 100 meters while shouting the name of a person called Mkaka to come and help him deal with PW1. Luckily, PW1 met with some people and when he narrated to them what had transpired, he was advised to report the matter to the Police.

[2] PW1 immediately went to Ongata Rongai Police Station, where he met PC Francis Gitonga, (PW3), and reported to him that he has been attacked by somebody called Mbithi who stole from him a wa…

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