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Remicus Ligavo Muharia v. Republic

(2006) JELR 93853 (CA)

Court of Appeal  •  Criminal Appeal No. 114 of 2005  •  31 Mar 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

REMICUS LIGAVO MUHARIA, the appellant, was tried before the Principal Magistrate, Kakamega (Ms Thuita), on a charge of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that on the 5th day of October, 2000 at Savane village, Savane Sub-location, Iguhu Location in Kakamega District within Western Province jointly with others not before court the appellant robbed Aggrey Livoko Musindi, the complainant, of cash Kshs. 500/= and a pair of shoes valued at Kshs. 1,400/= and at or immediately before or immediately after the time of such robbery wounded the said Aggrey Livoko Musindi.

The trial magistrate in her judgment found that the motive of the attack by the appellant was not robbery. However, she made a finding that the appellant and other persons not before the court did attack and cause serious bodily injuries to the complainant. Consequently, she found the appellant guilty of and convicted him on a reduced chargeā€¦

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