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Mulamba Ali Mabanda v. Republic

(2018) JELR 98848 (CA)

Court of Appeal  •  Criminal Appeal 12 of 2013  •  1 Feb 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Mulamba Ali Mabanda (the appellant), was charged alongside one other before the Chief Magistrate’s court at Mombasa with four counts of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge were given as follows:

COUNT 1: ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296 (2) OF THE PENAL CODE

MULAMBA ALI MABANDA 2. HAMISI KARISA CHENGO On the 20 th day of June, 2009 at Kwaholla village Changamwe Location in Mombasa District within the Coast Province, jointly with others not before court while armed with dangerous weapons namely pangas and rungus robbed SYLVESTER NZUKI MAKATO of one radio make Sony; three D.V.D machines, one mobile phone make Nokia, one CD changer and assorted clothes all valued at Kshs.79,200/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said SYLVESTER NZUKI MAKATO.

COUNT II: ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296 (2) OF THE PENA…

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