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Robert Ekai Martin v. Republic

(2011) JELR 94977 (CA)

Court of Appeal  •  Criminal Appeal 284 of 2008  •  10 Jun 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram

Judgement

JUDGMENT OF THE COURT

This is a second and last appeal. The appellant, Robert Ekai Martin, was charged before the Chief Magistrate’s Court at Nakuru with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars were that:-

“On the 16th day of July, 2005 at Kimakia Estate Njoro within Nakuru District of the Rift Valley Province jointly with others not before Court while armed with offensive weapons namely bows and arrows, pangas, and rungus robbed Michael Macharia Karanja Kshs.4,500/= 15 Kgs of sugar, 12 packets of unga ngano, 10 Kgs of rice, 10 pairs of eveready all valued at Kshs.7,088/= and at or immediately after or immediately before the robbery used actual violence to the said Michael Macharia Karanja.”

He pleaded not guilty to the charge, but after the learned Senior Resident Magistrate (M. W. Onditi) considered the evidence adduced by five prosecution witnesses, his defence and evidence of three defence witnesses, the appellant was found…

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