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Reuben Nyakango Mose & James Kiriago Osiemo v. Republic

(2013) JELR 96478 (CA)

Court of Appeal  •  Criminal Appeal 606 of 2010  •  29 Nov 2013  •  Kenya

Coram
Festus Azangalala, Sankale ole Kantai

Judgement

JUDGEMENT OF THE COURT

The appellants, Reuben Nyakango Mose and James Kiriago Osiemo were charged before the Principal Magistrates' Court, Nyamira, with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code particulars being that on the 24th day of March, 2004 at Boisanga Sub location of Ekerenyo location, Nyamira District of Nyanza Province jointly with others not before court while armed with pangas, whips and an imitation firearm, robbed Evans Morara Mose of one suit, three shirts, one television set make Samsung, three mattresses, seven bed sheets, one blanket, one metal box containing assorted clothes, one somali sword, half a sack of maize, one pressure lamp, one lantern lamp, two black coats, one battery charger machine, two thermos flasks, one hot pot, three plates, spanner for a posho mill, one forked jembe, one spade, one slasher, Kshs. 2,730/=, one wrist watch and a driving license all valued at Kshs. 49,000/= the property of the said complainant…

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