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Vitalis Shiangala, Silas Imbati, Abinayo Amboso, Oscar Ashivaka, Erick Ilusa Shiani, Adrian Vembo & Michael Mulama v. Republic

(2014) JELR 93784 (CA)

Court of Appeal  •  Criminal Appeal 43 of 2013  •  19 Sep 2014  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

In this second appeal, the seven appellants: Vitalis Shiangala (1st appellant), Silas Imbati (2nd appellant), Abinayo Amboso (3rd appellant), Oscar Ashivaka (4th appellant), Erick Ilusa Shiani (5th appellant), Adrian Vembo (6th appellant) and Michael Mulama (7th appellant) challenge their convictions and sentences by J.M. Githaiga, Principal Magistrate, Kakamega, for two offences of robbery with violence contrary to section 296 (2) of the Penal Code and confirmation of the same by the High Court (Chitembwe and Thuranira, JJ.).

The particulars of the first count were that the appellants on the night of 13th July, 2009 at Mulundu area, Shitochi sub-location in Kakamega East District within Western Province, jointly with others not before the court, while armed with dangerous weapons, namely: gun, pangas and rungus robbed Emmanuel Makomere of Kshs.2,300/= and a Nokia mobile phone-make 1110 – all valued at Kshs.4,880/= and immediately before the time of such robbery us…

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