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Samuel Mwambuki & Horward Kivolwe Musanyi v. Republic

(2019) JELR 93858 (CA)

Court of Appeal  •  Criminal Appeal 42 of 2010  •  27 Jun 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

1) Samuel Mwambuki and Horward Kivolwe Musanyi, (the 1st and 2nd appellants respectively), were tried and convicted for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.

2) The particulars of the offence were that on 25th January, 2004 at Matsigulu village, Central Maragoli Location in Vihiga District within the Western Province jointly with others not before court while armed with dangerous weapons namely pangas, axes and rungus robbed James Kabaka Likenya, (James) of Kshs 2,000/= and one torch valued at Kshs. 80/= all valued at Kshs. 2,080/= and at or immediately before or immediately after the time of such robbery used personal violence on the said James Kabaka Likenya.

3) In a nutshell, the prosecution case was that on 25th January, 2004 at Matsigulu Village, Central Maragoli Location in Vihiga District within the Western Province, James who was the area chief went outside his house intending to go to the pit latrine; …

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