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Mohammed Barrack v. Republic

(2020) JELR 98994 (CA)

Court of Appeal  •  Criminal Appeal 65 of 2016  •  23 Oct 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The appellant, Mohammed Barrack was charged with two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of Count I are that on the 6th day of February, 2008 at around 10.30 p.m at Golden gate estate, Industrial area within Nairobi area province, jointly with another not before court while being armed with a dangerous weapon namely, a pistol, robbed Swidom Lazarus Githeka PW1 (Swindon) cash Kshs. 16,000, a digital camera make Sony, two cell phones make Nokia 2626, two wireless Safaricom phones, make Vodafone, 125, Business cards and a note book all valued at Kshs. 68,900 and at or immediately before or immediately after the time of such robbery, threatened to use actual violence to Swindon.

Under count II, the particulars were that jointly with another not before court, while being armed with a dangerous weapon namely a pistol, robbed Julius Munene Mwangi PW2 (Julius) a mobile phone make Nokia 3310, and a driving licence a…

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