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Samson Nyataya, Ochwayu Kindu, Zakaria Komen & Dominic Jabuti v. Republic

(1993) JELR 93922 (CA)

Court of Appeal  •  Crim App 45 of 1993  •  26 Nov 1993  •  Kenya

Akilano Molade Akiwumi, Richard Otieno Kwach, Mathew Guy Muli



The four appellants who were Administration Policemen at the time, were convicted by the Chief Magistrate, Kisumu, of robbing the complainant, Mohamed Wabwire Omar (P.W. 1) on the night of 18th May, 1992, of 2.06 million Uganda shillings and 35,000 Kenya shillings. They were each sentenced to three and a half years imprisonment.

The evidence led in support of the charge was that at about 3 p.m. on 18th May, 1992, the complainant was given by his father at Nambo Beach, and within sight of the 3rd and 4th appellants who are friends of his father, the sum of KShs.36,000/= being part of the proceeds of fish which he had sold that day. The complainant had earlier that afternoon, being given 2.06 million Uganda shillings by his father in the latter's house at Sio port.He took the Uganda shillings and the Kenya shillings to where he lived at Nambo Beach which is a different village from that of his father. At about 1 o'clock that night, the complainant was woken up by peo…

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