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Paul Mwangi Kuria v. Republic

(2013) JELR 96484 (CA)

Court of Appeal  •  Criminal Appeal 213 of 2010  •  22 Nov 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

On 22nd September, 2008, the complainant, in this appeal, Kishoe Masitoi Kitete (PW1) (Kishoe), a retired Civil servant of unrevealed rank, for some unknown reasons spent most of his evening time drinking from one bar to the other in Kilgoris. At long last, he set out to go back home but it was then too late and no vehicle was available. He moved from former Mwangi's Cafe then known as Wallet bar, to see if he could get a room at Tumaini Lodging and Bar. He knocked at that lodging but before any response, he got a feeling that somebody was behind him. He turned to check but all he saw was a black thing which appeared to him as a short man. He never saw it as it was dark. Suddenly he was hit on his left eye brow and on his right cheek. He lost his senses and fell down. He did not know what happened thereafter for the next about twenty minutes as he was unconscious. When he came to his senses, he got up and realised that his National identity card, voters card, ATM …

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