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PAUL MWITA ROBI v. REPUBLIC

(2010) JELR 96589 (CA)

Court of Appeal  •  Criminal Appeal 200 of 2008  •  19 Mar 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The complainant in this second and final appeal, Julius Maroa Mwera (PW1) left Ntimaru in Kuria District at 7.30 p.m. going to his home. He had his bicycle. On the way, he was attacked and cut on the head and back by thugs. He fell down as he screamed for help. He was also hit on the right hand and his wrist watch was cut. Members of the public came to his aid and he told them the attackers had just taken his bicycle as well as other things he was carrying on that bicycle. They started tracing the bicycle using the tyre marks of the bicycle to guide them. In the meantime, Marwa Musabi Mwera (PW2) whose home was nearby, was at home. He heard screams of Maroa saying he had been robbed of bicycle and he went out to the same foot path. He heard somebody approaching him. That person had a bicycle. He met that person who was the appellant in this appeal. The appellant had a bicycle. Musabi forced the appellant to accompany him (Musabi) back to the complainant. When they…

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