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Paul Odhiambo Asanya v. Republic

(2015) JELR 96489 (CA)

Court of Appeal  •  Criminal Appeal 95 of 2014  •  17 Jul 2015  •  Kenya

Erastus Mwaniki Githinji, Festus Azangalala, Jamila Mohammed



The Appellant, Paul Odhiambo Asanya, (hereinafter referred to as “the appellant”) was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were stated to be that on the 17th day of December, 2010 at Mbagathi Road in Langata area within Nairobi, the appellant jointly with another not before the court, while armed with dangerous weapons namely, knives and, stones robbed Maxison Mutua, of his properties, to wit, a mobile phone make Samsung d-980 one national identity card, a Nation Media Staff identity card, a bunch of house keys, Jubilee Insurance Card, a medical card, one pair of leather shoes, one wrist watch, a CD and cash of Kshs.9,900/= all valued at Kshs.45,600/= and at the time of such robbery, wounded the said Maxison Mutua.

The case of the prosecution was that shortly after 7.00 p.m. on 17th December, 2010 the complainant, who was PW1at the trial, was on his way to his house off Mbagat…

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