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Mohammed Mwalimu Mohamed v. Republic

(2016) JELR 98987 (CA)

Court of Appeal  •  Criminal Appeal 250 of 2011  •  11 Mar 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



On or about 2nd August, 2005 at about 6.00 p.m., the complainant, Hadija Ahmed (PW1) stepped out of her parents’ house to go to the nearby shops. She was sent by her mother Fauzia Nduku Mutiso (PW2) to buy some utilities. She was in possession of her mobile phone, a Samsung and cash Kshs.1,500/-. She was however immediately confronted by three men one of whom she recognized as the appellant who went by the nickname, Amadiga in the estate. She had known him in excess of three years as he resided in the estate and was also a matatu tout on the Bamburi route in Mombasa. The appellant then held a knife on her and ordered her to hand over the mobile phone but when she resisted, the appellant ripped off the pocket of her jacket and removed the mobile phone and cash. The three men then melted into thin air leaving behind PW1 screaming. The screams attracted the attention of PW2 who came out of his house whereupon the complainant immediately named the appellant as having …

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