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Thomas Odhiambo Agao v. Republic

(2016) JELR 94937 (CA)

Court of Appeal  •  Criminal Appeal 46 of 2015  •  22 Apr 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



Being a second appeal, under section 361(1) of the Criminal Procedure Code we are only concerned in this appeal with matters of law. See also Karingu vs.R. (1982) KLR 214. Before we consider the legal grounds proffered, the following summarized background is relevant.

The appellant was convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code. It was alleged that on the material day at about 5.35 a.m. along Moi Avenue, Mombasa, in the company of another person wearing a blue T-shirt and who was not before the trial court, the appellant who was himself wearing a red T-shirt used violence on the complainant in the course of a robbery in which the latter’s mobile phone and a handbag were stolen. The complainant’s screams during the incident attracted people including a neighbor, PW2 to the scene. The appellant was identified by the complainant as the one who had held her by the throat while at the same time he snatched her handbag …

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