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Peter Kifue Kiilu & Robert Makasi v. Republic

(2005) JELR 96717 (CA)

Court of Appeal  •  Criminal Appeal 113 of 2001  •  18 Feb 2005  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno



The complainant in this appeal, Juma Ali Nate mbeya (PW1) (to whom we shall refer as “Juma”) was a farmer and a businessman. He was buying and selling cattle, as well as cereals. From the records, it would appear that apart from those, he was also buying and selling mercury. In his evidence before the trial court, he alleged that on 4th July, 2001 at about 2.30 pm, the second appellant Robert Makasi went to his house claiming that he (2nd appellant) had a person who would buy mercury from him (Juma).

He had 11 kilograms of mercury worth Ksh.500,000/=. The same second appellant had taken some people to Juma from whom Juma had bought mercury. That was in June, 2001. The buyer, it would appear, was allegedly at Kitale Town. Juma and the second appellant left home and went to Kitale, with Juma carrying the mercury in a Tree Top Bottle. At Kitale, Juma was left at the gate of Kitale Club while 2nd appellant went to Kitale Guest House where he was to meet the buyer. Afte…

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