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Mutua Mbaluka v. Republic

(2020) JELR 98756 (CA)

Court of Appeal  •  Criminal Appeal 72 of 2017  •  5 Jun 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

On 7th July 2011 at about 9 pm Juliana Katoto Musau, (PW2) and her husband, Stephen Musau Mbai, (PW3) closed their shop at Kathamboni market in the then Makueni District and headed home on their motorcycle. On the way they came across two people who blocked their way forcing them to stop abruptly. The said people were armed with sticks and stones. They set upon the couple and in the process PW1 was injured on the chest, nose and mouth. Her leg too was burnt by their motorcycle’s exhaust pipe. When the couple called out for help, one of the attackers pulled PW1’s handbag and ran away with it on realizing that members of the public who had responded to the couple’s cry for help were closing in. The handbag contained cash Kshs 3,100/=, identity card, voter's card and a notebook.

Members of the public who came with torches noticed some footprints from the scene after the couple had told them what had transpired. They followed the footprints in pursuit of the assailants…

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