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ANDREA NAHASHON MWARISHA
V.
REPUBLIC

(2016) JELR 106115 (CA)

Court of Appeal 22 Apr 2016 Kenya
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Case Details

Suit Number:Criminal Appeal 50 of 2013
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:Andrea Nahashon Mwarisha v. Republic [2016] eKLR

JUDGMENT OF THE COURT

Rashid Mwakusema Hadidi, "the complainant", operated a motorcycle transport business commonly referred to as boda boda at Kinarini area of Kwale County. On the morning of 4th April, 2010, a would be customer who was well known to him and whose name was Omari Sanzua approached him and requested to be ferried to Ndegeni area. They both set off. Midway and in a forested area, Omari Sanzua pulled out a knife and ordered the complainant to stop. He then called out loud to one Hamisi, who emerged from the Golini forest in the company of another person who according to the complainant is the appellant herein. The three men then gagged the complainant, dragged him deep into the forest and tied him to a tree. They then robbed him of his Nokia cellphone, cash Ksh.745/= and the motorcycle on which they rode away.

The complainant struggled and managed to free himself and walked to a nearby home in which he found Biasha Salim, (PW 2), who assisted him with the phone which he us…

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