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Sumat Ole Sakai v. Republic

(2015) JELR 96668 (CA)

Court of Appeal  •  Criminal Appeal 161 of 2014  •  20 Mar 2015  •  Kenya

Coram
John Wycliffe Mwera, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

The appellant, Sumat Ole Sakai, has placed this second appeal before us for determination, having been aggrieved by the judgment of the High Court (Achode, Ochieng, JJ) which was delivered on 3rd June, 2012. The appeal before the High Court, followed his conviction and sentence handed down by the Senior Resident Magistrate in the Chief Magistrates Court, Kibera.

In the lower court, the appellant was charged with two main counts and two alternative ones. It was alleged in count 1 that contrary to Section 296(2) of the Penal Code, on 9th June, 2006 he jointly with others not before court while armed with offensive weapons, namely, pistols, a panga and rungus robbed J N M of one TV set (Sony), one DVD (Samsung), Meko Gas Cylinder (Total) pairs of shoes, a mobile telephone (Samsung), assorted clothes and cash all valued at Sh.61,550/=. During the incident, the robbers threatened to use personal violence on the said J N M, at Lenana Village Nairobi.

In the second charge …

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