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Samson Somali Koskei v. Republic

(2016) JELR 94550 (CA)

Court of Appeal  •  Criminal Appeal 597 of 2010  •  2 Aug 2016  •  Kenya

Coram
Roselyn Naliaka Nambuye, Philomena Mbete Mwilu, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal against the conviction and sentence as meted out on Samson Somali Koskei, the appellant by the learned Principal Magistrate at Molo, Hon. S.M.S. Soita and upheld by the High Court. The appellant was charged jointly with three others with two counts of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence relating to count 1 were that on the 22nd day of September 2008 at Nakuru Teachers College in Nakuru District within Rift Valley Province, being armed with dangerous weapons namely a homemade gun, swords and metal bars, the appellant jointly with others not before the court robbed Francis Kibet Ngetich of his motorcycle make Bajaj Reg. KBA 207L valued at Shsh.85,000/-, one Nokia 110 mobile phone valued at Kshs.2,500/- and cash Kshs.2,800/- and at the time of such robbery wounded the said Francis Kibet Ngetich. The second count related to the similar particulars save that the victim was Geoffre…

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