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Siat Nassir Omar v. Republic

(2019) JELR 94268 (CA)

Court of Appeal  •  Criminal Appeal 92 of 2016  •  27 Sep 2019  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. The appellant herein was charged and subsequently tried, convicted and sentenced by M.A. Murage, Senior Principal Magistrate, Limuru court on three counts of robbery with violence contrary to Section 296(2) of the Penal Code with an alternative charge of handling stolen goods contrary to Section 322(2) of the Penal Code. The details of the charges were as particularised in the charge sheet dated 18th August, 2010 which forms part of the record of appeal.

2. He denied all the charges and trial proceeded with the prosecution calling six witnesses in support of its case. On his part, the appellant proffered an unsworn statement of defence and called no witnesses.

3. A brief background of the facts before the two courts below is necessary to place this appeal in perspective. On or about the 3rd of May, 2010 at around 7.45 a.m. on Mai Mahiu road, at Mutarakwa Trading Center, Joseph Karuri (PW1), Mustafa Mohammed (PW2) and Simon Muriithi (PW3) were aboard motor vehicle…

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