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Simon Kimiti David v. Republic

(2020) JELR 94035 (CA)

Court of Appeal  •  Criminal Appeal 117 of 2018  •  24 Apr 2020  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal against the judgment of R. Nyakundi, J dated 19th April, 2017.

A brief background to this appeal is that Simon Kimiti David (the appellant herein) was charged with two counts. In count I, he was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code, the particulars being that on the 1st day of January, 2014

within Kajiado South District, in Kajiado County, while being armed with an offensive weapon namely a panga, robbed JNS of her mobile phone make Nokia C-1 and a sim card all valued at Kshs 4,000 and immediately before or immediately after the time of such robbery, threatened to use actual violence to the said JNS.

In count II, the appellant was charged with the offence of rape contrary to section 3(1)(a)(c) of the Sexual Offences Act No. 3 of 2006, the particulars being that on the same day (1st January, 2014) at the same place intentionally and unlawfully caused his penis to penetrate the vagina of JNS.

Th…

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