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William Imbali v. Republic

(2010) JELR 92975 (CA)

Court of Appeal  •  Criminal Appeal 299 of 2005  •  24 Sep 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant, William Imbali, was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code before the Principal Magistrate’s Court at Kibera. The particulars of the charge were that on the 13th day of January, 2002 at Kibagare Way in Spring Valley within Nairobi Province jointly with others not before Court being armed with dangerous or offensive weapons, namely iron bars and a pair of scissors robbed CHARLES OKANGO of one Television set make LG, one Computer machine make Sony, one drilling machine, one Video machine make LG and one VCD player all valued at Kshs.200,000/= and immediately before or immediately after the time of such robbery wounded the said CHARLES OKANGO.

Briefly, the facts that led to the above charge were as follows: At about 3.00 am on the morning of 13th January, 2002 the complainant, Charles Okango (PW 1) was asleep in his house when he heard a big bang on the door, and immediately thereafter he saw peop…

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