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BONFACE ATONDOLA YABATA
V.
REPUBLIC

(2020) JELR 103544 (CA)

Court of Appeal 31 Jan 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 26 of 2016
Judges:Jamila Mohammed, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Bonface Atondola Yabata v. Republic [2020] eKLR

JUDGMENT OF THE COURT

1. The appellant, Bonface Atondola Yabata, was charged with two counts of robbery with violence contrary to section 269(2) of the Penal Code. The particulars of the offence on the first count were that on the night of 27th/28th July 2011 at 2.40 a.m., at Ikhonyelo village, Lubao Sub-location, Kakamega, jointly with others not before the court robbed Douglas Arkhama Matasio of TV make Sonny 14 inch, cell phone make Nokia 6233, wallet porch, assorted clothes, four pairs of shoes, Nakiva radio, Sonnetec radio and cash money Kshs.15,000.00 all valued at Kshs.70,800.00 and at the time of such robbery used personal violence to the said Douglas Arkhama Matasio.

2. On the second count, the particulars of the offence were that on the same night at Ikhonyelo village, Lubao Sub-location, Kakamega, jointly with others not before the court robbed Hesborn Shihembekho Mademba-one pair of shoes, cell phone Samsung, cell phone Nokia C117, electrical torch, and axe and one panga (ma…

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