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(2008) JELR 93999 (CA)

Court of Appeal  •  Criminal Appeal 49 of 2007  •  18 Jul 2008  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, John walter Onyango Otieno



The appellant in this second and last appeal, Samson Katana Kazungu, together with one Mugandi Mwandalu Murema, were charged in the Senior Resident Magistrate’s Court at Malindi with one count of robbery with violence contrary to section 296(2) of the Penal Code; one count of rape contrary to section 140 of the Penal Code; an alternative count of indecent assault of a female contrary to section 144(1) of the Penal Code and three counts of assault causing actual bodily harm contrary to section 251 of the Penal Code. The appellant was further charged with handling stolen goods contrary to section 322(2) of the Penal Code. The two denied the charges and after full hearing, the learned Senior Resident Magistrate (Obulutsa) in a judgment dated and delivered on 16th August 2004, found the appellant who was the first accused before that court guilty of the offence of robbery with violence contrary to section 296(2) of the Penal Code and of one count of assault causing ac…

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