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MUTHANGYA MUTEMBEI V. REPUBLIC

(2007) JELR 104584 (CA)

Court of Appeal  •  Criminal Appeal 5 of 2004  •  5 Oct 2007  •  Kenya

Coram
Philip Kiptoo Tunoi Emmanuel Okello O'Kubasu John walter Onyango Otieno

Judgement
<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p>Patrick Muendo Kioko (PW 1) (Patrick), Sammy Mumo Mwau (PW 2) (Sammy) and Norman Kioko Nzula (PW 3) (Norman) were traders at Wetaa Market in Mango Location of Machakos District. Nicholas Kimote Mutua (PW 4) (Nicholas) was a waiter in a hotel at the same market whereas Mutuku Wambua (PW 8) (Mutuku) was a cashier at O.B. Bar in the same building in the market. On the night of 26<sup>th</sup>/27<sup>th</sup> January between the hours of 11.00 p.m. and 3.00 a.m. each of them was asleep at his respective place of work. At 11.00 p.m. (wrongly recorded as 11.00 a.m.), Patrick heard a knock at his shop’s door. He asked who was knocking and the answer was that they were police officers from Makutano. Those people ordered Patrick to open the door quickly as there was an inspection. Patrick got out of bed, lighted a hurricane lamp and opened the door. He saw several people outside the shop armed with pangas, knives, axes, bows and arrows and clubs. </p><p>They were over 20 people. They hit him on the he…</p>

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