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Michael Wafula Wambani & 2 others v. Republic

(2015) JELR 99089 (CA)

Court of Appeal  •  Criminal Appeal 74, 73 & 75 of 2010 (consolidated)  •  26 Feb 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The three appellants Michael Wafula Wambani, Samuel Kariuki Kinyua and Josephat Musyimi Makau were charged with the offence of robbery contrary to section 296(2) of the Penal Code. The particulars were that on:

“On the 19th and 20th day of October, 2003, at Naira house in Casuarina area in Malindi Location within Malindi District of the Coast province, jointly while armed with offensive weapons namely knives, robbed KAZUNGU RANDU RASHID of one motor cycle make SUZUKI REG. NO. KAC 771 M, ONE alarm control and one knife all valued 200,000/= and at or immediately before or immediately after threatened to use violence against KAZUNGU RANDU RASHID.”

There was an alternative charge of handling suspected stolen property contrary to section 322 of the Penal Code. The particulars were that on the:

“On the 19th and 20th day of October, 2003, at BP Petrol Station Area in Malindi Location within Malindi District of the Coast province, otherwise than in the course of stealing, jo…

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