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SUNDAY LEWA DANIEL V. REPUBLIC

(2014) JELR 96012 (CA)

Court of Appeal  •  Criminal Appeal 346 of 2010  •  25 Sep 2014  •  Kenya

Coram
Wanjiru Karanja, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

On the night of 2nd November, 2007 a spate of robberies were committed at Katendwa and Kidemu trading centres in Bamba village of the then Kilifi District of the then Coast Province. Those robberies were allegedly committed by the appellant and four others namely Justice Bokoro Mwazunga, Kesi Katana Karisa alias Kigombe, Mboja Bunju Mwamuye and Safari Karisa Mbulla “the co-ccused”. The victims of the robberies were Stephen Safari Kazungu (PW1), “Kazungu” Benard Kahindi Katana (PW2), “Katana” Henry Shujaa Kahindi (PW3), “Kahindi” and Lawrence Katana Nguru (PW4), “Nguru”. These victims were in that order the complainants in counts 1, 2, 3, and 4 that were subsequently laid against the appellants and the co-accused. The robberies were committed in the dead of the night of 2nd and 3rd November, 2007 when all the complainants were fished out of their beds and forced to part with their monies, mobile phones, personal effects. Some were even frog marched to the shops the…

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