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Nickson Ligakha & Erick Nyabera v. Republic

(2020) JELR 93907 (CA)

Court of Appeal  •  Criminal Appeal 140 of 2015  •  31 Jan 2020  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] This is a second appeal against the judgment of the High Court at Kakamega (R.N. Sitati and A.C. Mrima, JJ) whereby the appellants’ appeal against conviction and sentence was dismissed. The appellants were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge being that on 5th December, 2013 at Kaluni Sub-location within Kakamega County, Nickson Ligakha and Erick Nyabera, 1st and 2nd appellants respectively, while armed with offensive weapons namely metal rods, robbed the complainant Ibrahim Imbali (PW1) of one mobile phone make Nokia 1200 valued at Ksh. 2000, five hens valued at Ksh. 2600, and at or immediately before the time of such robbery wounded PW1.

[2] The prosecution case was predicated on two categories of evidence, direct and circumstantial. The direct evidence was recounted by PW1, who told the court that on 5th December, 2013 at 9.00pm, he had gone out of his house to answer a …

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