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(2011) JELR 96435 (CA)

Court of Appeal  •  Criminal Appeal 255 of 2010  •  4 Mar 2011  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram



Patrick Juma Mubweka, alias Barasa, the appellant, was charged before the chief Magistrate’s Court at Mombasa with one count of robbery with violence contrary to section 296(2) of the Penal Code; one count of rape contrary to section 140 of the Penal Code and an alternative charge of indecent assault contrary to section 141(1) of the same Code. The facts of the robbery charge were that on the 4th day of January, 2006 at about 6.00 p.m. in Mombasa District within Coast Province while armed with a knife he robbed E.N.S of a mobile phone make Nokia 1110 and cash Kshs.2000/= all valued at Kshs7,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said E.N.S. As regards the rape charge the facts thereof were that on 4th day of January, 2006 in Mombasa District within Coast Province he had carnal knowledge of E.N.S without her consent. In respect to the alternative charge, the facts were that on the 4th day of Janu…

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