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Simon Kipkorir Changorik v. Republic

(2011) JELR 96366 (CA)

Court of Appeal  •  Criminal Appeal 138 of 2009  •  9 Jul 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

This is a second appeal after the first one was dismissed by the superior court (Koome and Mugo, JJ.) on 14th May, 2009. Simon Kipkorir Changorik, the appellant, was, on 20th February, 2006 charged at the Senior Resident Magistrate’s Court at Molo with the offence of robbery with violence contrary to Section 296(2)of the Penal Code. The particulars of the charge were that on 20th day of November, 2005 at Kiploky village in Kericho District of the Rift Valley Province while armed with a dangerous weapon, namely, a piece of wood robbed Katherine Chesiele Towett(PW1) of Kshs.200/= and at or immediately before or immediately after the time of such robbery, used actual violence to the said Katherine Chesiele Towett. The charge was read to the appellant on 20th February, 2005 which he denied and the case was heard between 21st September, 2006 and 29th December, 2006 when the State called 3 witnesses and the appellant gave sworn testimony in his defence.

PW1 was on 20th N…

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