PETER KALOKI MULILI & KIVILA KING'OO V. REPUBLIC

JUDGMENT OF THE COURT

The two appellants herein Peter Kaloki Mulili and Kivila King'oo were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars were that on the 27^th day of May, 2006 at about 11.00 p.m. at Ziwani Estate Farm in Taita-Taveta District within Coast Province, jointly robbed Daudi Mulandi Kimatu a bicycle make Diamond, a torch, a handbag, a bow and three arrows all valued at Kshs.4,100/= and immediately at the time of robbery wounded the said Daudi Mulandi Kimatu.

The trial proceeded before J. M. Githaiga, the then Senior Resident Magistrate, Taveta who on 28^th day of November, 2006 found them guilty of the lesser offence of handling stolen property contrary to section 322(2) of the Penal Code and sentenced them to 14 years imprisonment with hard labour.

Dissatisfied with the conviction, the two appellants filed an appeal to the superior court. On 16^th November, 2010 Ojwang and Azangalala, JJ. (as they then were) dis…