NATOME EKAI V. REPUBLIC
(2013) JELR 96870 (CA)
Court of Appeal
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Criminal Appeal 96 of 2011)
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17 Oct 2013
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Kenya
Coram
John Wycliffe Mwera, William Ouko, Jamila Mohammed
Judgement
<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is the second appeal by NATOME EKAI (the appellant), against the judgment of the High Court at Eldoret dated <em>13</em><em><sup>th</sup></em><em> October, 2010</em> which upheld the conviction and sentence imposed by the Senior Resident Magistrate <em>(Mr. T. Nzyoki)</em> at Lodwar in Criminal Case No. 121 of 2009.</p><p class="ql-align-justify">The appellant was jointly charged together with Napokol Kadeny, Shadrack Ekeno and James Esekon with two counts of robbery with violence contrary to Section 269 (2) of the Penal Code. Napokol Kadeny was acquitted by the trial magistrate while Shadrack Ekeno and James Esekon were acquitted by the High Court Judge's. In count 1, it was the prosecution’s case that, on 2<sup>nd</sup> February 2009 at Kakuma Refugee Camp the appellant and his confederates jointly with others not before court while armed with dangerous weapons, namely AK 47 rifle robbed Ksh. 17,000/=, one handbag, one Nokia phone 1100 and one suitcase containing assorted clothing valued at Ksh. 87,300/= from Elizabeth Nyanthou Jema and immediat…</p>