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Obwori Erick Muturi v. Republic

(2019) JELR 94774 (CA)

Court of Appeal  •  Criminal Appeal 78 of 2016  •  28 Jun 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of the High Court at Machakos (Ngugi and Mutende, JJ) whereby the appellant’s appeal against conviction and sentence was dismissed. The appellant was charged with three counts of robbery with violence contrary to section 296(2) of the Penal Code. He was convicted in respect of count II and count III and acquitted in respect of the offence in count I.

[2] The complainant in count II was Charles Muinde Mule (Mule). The particulars of the charge stated in essence that on 31st October 2008 near Kasina Estate along Mombasa Road, the appellant jointly with others not before court while armed with a dangerous weapon, namely a pistol robbed the complainant of his motor vehicle reg. No. KBC 763F, wedding ring, mobile phone, license, cheques book and two ATM cards.

The complainant in count III was Winifred Wamuyu Gathigia (Gathigia). The particulars of the charge were the same as in count II save that the appellant was charged with r…

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