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Patrick Kubale Wesonga v. Republic

(2007) JELR 93910 (CA)

Court of Appeal  •  Criminal Appeal 204 of 2005  •  15 Jun 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

This is a second appeal. The appellant Patrick Kubale Wesonga (appellant in this judgment) was charged before the subordinate court with the offence of Robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge were that:

“On the 22nd day of October, 2000 at Maraba village, Makunga sublocation, East Wanga location, in Butere – Mumias District of the Western Province robbed Washington Wasia Muyale cash Ksh.8,200/= and one wallet and at or immediately before or immediately after the time of such robbery used actual violence to the said Washington Wasia Muyale”.

The record before us does not indicate whether the charge as drawn was read to the appellant and a plea taken, but that is the subject of further consideration in this judgment. It suffices to say that the record shows that he was tried for the offence and at the end of the trial, the then learned Senior Resident Magistrate (N. B. J. W. Nyamategandah, Esq.) found him guil…

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