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MICHAEL MBURU NJONJO v. REPUBLIC

(2003) JELR 98226 (CA)

Court of Appeal  •  crim app 61 of 02[1]  •  24 Jan 2003  •  Kenya

Coram
Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

JUDGMENT OF THE COURT

:

JUDGMENT OF THE COURT:

This appeal turns on the identification of the appellant as one of the robbers who on the night of 15th and 16th May, 1999 at Bombolulu village in Mombasa while armed with pangas robbed WALTER ONGORO OYONDI (P.W.1) of a Sanyo Television Set, a Phillips Radio Cassette Player, a BMX bicycle, a Calculator, a Weighing Machine besides other assorted shop goods and cash in the sum of K.Shs. 6,000/=. In the course of the robbery, P.W.1 was hit several times on the head with the flat side of the panga. Adjacent to the scene of the robbery which was a shop wherein P.W.1 operated some business, were two 4 feet fluorescent tubes security light at Bombolulu workshop. According to P.W.1, the area leading out of the scene of the robbery was well-lit. After the robbery, P.W.1 and one of his workers - DAVID KAMAZA (P.W.2) - saw the robbers leave the scene with the stolen goods through the well-lit area adjacent to Bombolulu workshop. According to the two pr…

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