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SALIM HAMISI MWAHADI v. REPUBLIC

(2010) JELR 96595 (CA)

Court of Appeal  •  Criminal Appeal 269 of 2008  •  12 Mar 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

In the trial court the appellant, Salim Hamisi Mwahadi together with two others namely Rashid Wagonga Mwagonga and Athumani Abdalla Shughuli were charged on the first count with the offence of robbery with violence contrary to section 296 (2) of the Penal Code (Cap 63 of Laws of Kenya). In the second count the appellant was charged with the offence of rape contrary to section 140 (now repealed) of the Penal Code. On the third count the trio were charged with the offence of burglary contrary to section 279 (b) of the Penal Code. In the fourth count the trio were charged with the offence of stealing two pillows and other items from the dwelling house of one ZMC and with an alternative charge of handling stolen goods contrary to section 322 (2) of the Penal Code. After a full hearing the trial court found the appellant guilty of the offence of robbery with violence on count one but acquitted his two co-accused of that count and further found the appellant guilty of t…

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