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Mehtab Ahmedali Hussein Shah v. Republic

(2020) JELR 99155 (CA)

Court of Appeal  •  Criminal Appeal 85 of 2019  •  18 Dec 2020  •  Kenya

Coram
Patrick Omwenga Kiage, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Mehtab Ahmedali Hussein Shah was charged with robbery with violence contrary to section 295 as read with section 296 (2) of the Penal Code. The particulars of the offence are that on the 4th day of October, 2015 at around 9.30 a.m along Ruaka – Gachie road within Kiambu County with others not before court while armed with pistol, he robbed George Mwanga Onguso PW1 (George), of a motor vehicle Reg. No. KCD 728A Toyota Probox valued at seven hundred and fifty thousand shillings (Kshs. 750,000/=) and at the time of such robbery used actual violence on George.

He also faced an alternative charge of handling stolen property contrary to section 322 (1) (2) of the Penal Code, the particulars of which were that on the same day, in the course of robbing he dishonestly retained one motor vehicle Reg. No. KCD 728A Toyota Probox, the property of George knowing or having reason to believe that it was stolen goods. The appellant denied committing the offence.

The t…

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