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Samwel Barasa Juma v. Republic

(2011) JELR 96716 (CA)

Court of Appeal  •  Criminal Appeal 501 of 2010  •  11 Nov 2011  •  Kenya

Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno



The appellant, SAMWEL BARASA JUMA, was arraigned before the Chief Magistrate’s Courtat Kitale on 18th May, 2006 in Criminal Case no 1648 of 2006 charged with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were as follows:-

“On the 7th day of May 2006 at Waitaluk Village in TransNzoia District within Rift Valley Province jointly with another not before court while armed with offensive weapons namely panga and knives robbed AGNETA ONYANGO MENYA of cash Kshs. 3,500/- and at or immediately before or immediately after the time of such robbery assaulted the said AGNETA ONYANGO MENYA.”

The appellant denied the charge and his trial commenced on 14th September, 2006 before PN Gichohi ( Ag Principal Magistrate). The prosecution called the complainant Agneta Onyango Menya (PW1) who testified that on the material day the appellant violently attacked her with a panga and in the process demanded shs. 3,500/-. She (PW1) sustained…

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