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(2020) JELR 94956 (CA)

Court of Appeal  •  Criminal Appeal 150 of 2015  •  7 Aug 2020  •  Kenya

Mohammed Abdullahi Warsame, Sankale ole Kantai, Kathurima M'inoti



1. The appellant, Simon Kanui Mwendwa was tried and convicted before the Senior Resident Magistrate at Mwingi for the offence of robbery with violence contrary to Section 296(2) of the Penal Code.

2. The brief circumstances that led to the conviction of the appellant were that: on 18th March, 2013 at around 9.00 a.m, Aden Mohamed Ali (PW1) was traveling to Nairobi from Garissa when his lorry developed mechanical problems at Mutyangombe area. He headed to a nearby hotel looking for an M-Pesa agent when he met a hostile crowd which accused him of being a member of Al-shabaab. He ran for safety but the appellant and another person grabbed him and led him to a thicket where they kicked him and took Kshs. 1,200 from his pocket, Kshs.15,000 from his socks, his wallet and his phone Model Nokia C2. After the ordeal, he was assisted by well-wishers who took him to the chief’s camp to report the incident.

3. The assistant chief, Simon Mulaba (PW2) testified that he received a…

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