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Shalen Shakimba Ole Betui & another v. Republic

(2009) JELR 96687 (CA)

Court of Appeal  •  Criminal Appeal 284 of 2005  •  23 Oct 2009  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

Shallen Shakimba Ole Betui and Shadrack Koitimet Ole Betui, the appellants herein were charged in the court of the Senior Resident Magistrate at Kajiado with three counts of attempted robbery contrary to section 297(2) of the Penal Code. The facts of the charges were that on 25th January, 2000 at Rombo Masai Reserve in Kajiado District of Rift Valley Province while armed with dangerous weapons, namely a rifle, pangas, rungus and stones attempted to rob John Muita, Daniel Thuo and Mutuku Manyara of their properties and immediately before or immediately after the time of such attempt used actual violence to the said John Muita (PW1) and/or wounded the said Daniel Thuo and Mutuku Manyara (PW2), the complainants. PW1 and David Thuo who was not called as a witness were respectively driver and owner of motor vehicle lorry registration number KAL 132R canter. PW2 was a passenger therein. On that date PW1 was driving the lorry from Mombasa to Rombo but when he reached a p…

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