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Patrick Amukata Mukalo v. Republic

(2015) JELR 96546 (CA)

Court of Appeal  •  Criminal Appeal 67 of 2010  •  18 Jun 2015  •  Kenya

Coram
David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Patrick Amukata Mugalo, (the appellant) was charged with robbery with violence contrary to Section 296(2) of the Penal Code.

The particulars of the charge were that on the 16th November 2004 at Madegwa village, Walodaya sub location in Vihiga District within the Western Province jointly with others not before the court, armed with crude weapons such as pangas, iron bars and sharp torches robbed Annorld Kipchoge Kiberenge of cash Kshs. 3,800/-, a mobile phone, make, Siemens A 35, driving licence and a National Identity card all valued at Kshs. 15,000/- and immediately after or before such robbery wounded the complainant, Annorld Keberenge (Annorld).

The facts are that on 16th November 2004 at about 8.30p.m as Annorld was walking home in Madegwa village, assailants emerged from the dark and ordered him to stop. The assailants attacked him with a panga, cut him on both hands, and robbed him of his Siemens mobile phone, driving licence, National Identity card, car keys …

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