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Silas Maliolo Zakayo v. Republic

(2016) JELR 93830 (CA)

Court of Appeal  •  Criminal Appeal 49 of 2013  •  12 Feb 2016  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Silas Maliolo Zakayo, (the appellant) was charged with one count of robbery with violence contrary to Section 296 (2) of the Penal Code.

Particulars of the offence were that on 24th October 2009 at Savane Village, Savane sub-location, while armed with a dangerous weapon, namely; a panga, robbed Festus Makachi Musonye of 1⁄2 kilogram of sugar, tea leaves, soap and cash Kshs. 200/- all valued at Kshs. 295/- and that immediately before or immediately after such robbery used actual violence on the said Festus Makachi Musonye PW 1 (Festus).

The brief facts of the case are that on 24th October, 2009, at 6.00 pm Festus was walking home from his casual jobs and had bought 1⁄2 kilogram of sugar, soap for Kshs. 20/-, and 25 grams tea leaves. He saw the appellant emerge from a thicket armed with a panga. The appellant attacked him with the panga and cut his head. Festus screamed alerting neighbours who came to the scene. The appellant ran off after snatching his shopping.

John …

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