PATRICK NABISWA V. REPUBLIC

JUDGMENT OF THE COURT

A series of robberies took place at Bokole Village of Changamwe Estate in Mombasa District between the night of 21st and morning of 22nd January, 1991. The evidence adduced in the trial court indicates that the said robberies were committed by a group of persons who acted with excessive violence. One of the victims died from the injuries inflicted on him during one of the robberies. Nine suspects, who included the appellant were arrested and charged jointly with four counts of robbery with violence, one count of attempted robbery with violence and one count of assault causing actual bodily harm contrary to sections 296(2), 296(1) and 251 of the Penal Code respectively. The appellant was further charged alone with three alternative counts of handling stolen property contrary to section 322(1) of the Penal Code.

The trial magistrate acquitted seven of the suspects and convicted the appellant, Patrick Nabiswa and Bernard Mbithi alias Karanja of two counts of robbery w…