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Rajab Said Abdallah v. Republic

(1998) JELR 94985 (CA)

Court of Appeal  •  Criminal Appeal 86 of 1997  •  21 Jan 1998  •  Kenya

Coram
Philip Kiptoo Tunoi, Richard Otieno Kwach, Zakayo Richard Chesoni

Judgement

JUDGMENT OF THE COURT

The appellant, Rajab Said Abdallah, was after trial by the Principal Magistrate, Malindi, convicted of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to death. His first appeal was dismissed by the High Court of Kenya at Mombasa (Ang’awa and Waki, JJ) on 7th May, 1996.

The facts giving rise to his second appeal according to the prosecution are that on 24th August, 1994 at about 1 p.m. the complainant, an American lady tourist, and her friend were walking along a road between the Scorpio and Silversands Villas at the coastal resort town of Malindi when a person, subsequently identified as the appellant, pounced upon the complainant and attempted to snatch her bag. She put up a resistance but all in vain as the appellant pushed her on to the ground and slashed her right hand with a knife. She loosened the grip on the bag which the appellant snatched and ran away with it. The two visitors screamed for help and the members of the p…

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