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Mbonika Paul v. Republic

(2018) JELR 99175 (CA)

Court of Appeal  •  Criminal Appeal 12 of 2017  •  17 May 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Mbonika Paul, (the appellant) was arraigned before the Malindi Chief Magistrate’s Court on 9th December, 2013 to answer a charge of robbery with violence contrary to Section 296 (2) as read with Section 295 of the Penal Code. The particulars of the charge stated that on 7th December, 2012 at Casuarina area of Malindi Town, jointly with another not before court, while armed with rungus, they robbed Elkana Omondi (the complainant) of his motorcycle registration No. KMCT 334R valued at Kshs.95,000 and used violence on him at the time of the robbery.

2. He denied the charge and the matter went to hearing with the prosecution concluding its case after calling six witnesses. After being placed onto his defence, the appellant made an unsworn statement of defence and called no witnesses.

3.The brief circumstances leading to the arrest of the appellant and arraignment in court were as follows. The complainant who is a boda boda operator woke up early on the morning in que…

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