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(2006) JELR 93955 (CA)

Court of Appeal  •  Criminal Appeal 145 of 2005  •  21 Jul 2006  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji



This is a second appeal from the decision of the Superior Court Mwera and Maraga JJ. in which the appellant’s first appeal was dismissed. The appeal was against the conviction of the appellant for the offence of robbery with violence contrary to section 296(2) of the Penal Code by Mombasa Senior Resident Magistrate, Mr. Njiru. It had been alleged in the one count facing the appellant that he on 15th October 2003 at about 6.45p.m at Khadija Village in Mombasa, jointly with others not before court while armed with offensive weapons, namely pangas and knives robbed Jared Magolo of his Omax wrist watch and one complete spare wheel both valued at shs.6,000/= and at immediately before or immediately after the time of such robbery threatened to use actual violence to the said Jared Magolo.

Jared Magolo (Magolo) or (complainant) is an advocate of the High Court practicing law in Mombasa from Electricity house on Nkrumah road. He left his offices at about 5.30 p.m. on 15th …

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