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Morris Ochieng Juma, Benson Salim Hassan, Jacob Maunda Luseno & Samuel Muya Benson v. Republic

(2012) JELR 98945 (CA)

Court of Appeal  •  Criminal Appeal 85 & 86 of 2007  •  23 Feb 2012  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

Following the dismissal of their respective first appeals, Morris Ochieng Juma (1st appellant), Benson Salim Hassan (2nd appellant) Jacob Maunda Luseno (3rd appellant) and Samwuel Muya (4th appellant) have come to this Court on their second and possibly last appeals, challenging their respective convictions for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. Each of the 1st, 2nd and 3rd appellants faced an alternative count of handling stolen property contrary to section 322 (2) of the Penal Code, but no finding was made on that alternative count. So the appeals herein are confined to the robbery count, particulars, as material, which are that:-

“On the 13th day of July 2003, at Sublet Farm Elburgon in Nakuru District of the Rift Valley Province jointly with others not before the court while armed with dangerous weapons, namely, pangas, swords and rungus robbed Ann Bor of one radio, two batteries, one car radio - national star, t…

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