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Said Hassan Nuno v. Republic

(2010) JELR 95122 (CA)

Court of Appeal  •  Criminal Appeal 322 of 2006  •  19 Nov 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

This appeal arises from the conviction and sentence imposed upon the appellant by Senior Resident Magistrate Garissa on 21st September, 2004 in the Senior Resident Magistrate’s Court Criminal Case No. 536 of 2003. Said Hassan Nuno, the appellant, was charged in that court with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that on 19th day of December, 2003 at Bulla Iftin area in Garissa District of Eastern Province while armed with dangerous weapon, namely, panga, he robbed Mwana Hamisi Salim Barissa of Kshs.1,010/= and at or immediately before or immediately after the time of such robbery used personal violence to the said Mwana Hamisi Salim Barissa.

On 19th December, 2003 at around 9.00 a.m. Mwana Hamisi Salim Barissa (PW1) was walking towards Bulla Iftin market to buy vegetables when she met the appellant. He was standing beside the road and as she passed him the appellant hit her with th…

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