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Thomas Maingi Mulu v. Republic

(2020) JELR 95147 (CA)

Court of Appeal  •  Criminal Appeal 1 of 2018  •  19 Jun 2020  •  Kenya

Coram
William Ouko, Fatuma sichale, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

Thomas Maingi Mulu, the appellant, was charged with the offence of robbery with violence contrary to the Section 296 (2) of the Penal Code (Chapter 63 Laws of Kenya).

The particulars of the offence are that on 2nd August 2013 at about 4pm at Kimana within the Loitokitok District in the Kajiado County, jointly with others not before the court while armed with a Ceska pistol, the appellant robbed Geofrey Mpoke Parsanka PW1, (Geofrey), the complainant of a lorry registration Number KBQ 894 J Mitsubishi Canter, the property of Robert Dominic Masaku PW3 (Masaku), mobile phones and cash of Kshs. 4,430.

Briefly, the facts are that, on the material day, Masaku instructed Geofrey, his driver to transport two cows from Kimana in Loitokitok District to Kikoko in Ukambani. Accompanied by his turnboy Michael Mbodo Mulu PW3 (Mbodo) they set off for Kimana. On arriving at Kimana, they did not find the person they were to meet, but were instead directed to a place on the road to Nd…

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