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Okwaro George William v. Republic

(2010) JELR 96506 (CA)

Court of Appeal  •  Criminal Appeal 178 of 2007  •  16 Jul 2010  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

Okwaro George William, the appellant was charged in the Chief Magistrate’s Court at Makadara with the offence of robbery with violence contrary to the section 296(2) of the Penal Code. The particulars of the charge were that on 14th day of May, 2003 along Gaberone road in Nairobi within the Nairobi area jointly with others not before the court while armed with dangerous weapons namely knives robbed Benjamin Kibitok Koech of his wallet containing cash money Kshs.5,000/= and personal documents and at or immediately before or immediately after the time of such robbery used actual violence to the said Benjamin Kibitok Koech. The case was heard on 20th August, 2003 wherein Benjamin Kibitok Koech (PW2) testified that he works with the Department of Defence, Kenya Army and is stationed at Embakasi. He recalled that on 14th May, 2003 he had come from his rural home in Kapsabet and reached Nairobi at around 3.00 a.m. He alighted at the Ambassador Hotel stage and decided to…

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