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BONIFACE GITONGA
V.
REPUBLIC

(2015) JELR 103541 (CA)

Court of Appeal 17 Dec 2015 Kenya
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Case Details

Suit Number:Criminal Appeal 74 of 2014
Judges:Roselyn Naliaka Nambuye, Fatuma sichale, Patrick Omwenga Kiage
Location:Nyeri
Other Citations:Boniface Gitonga v. Republic [2015] eKLR

JUDGMENT OF THE COURT

The complainant, Jericah Arambu (Jericah) was viciously attacked and robbed on the night of 3rd and 4th July, 2009 at around 2:00 a.m. in her one roomed house at Kabaone Market while in the company of her three minor grandchildren. As a result of the attack she lost her left eye and several teeth.

The prosecution’s evidence was that on the material night while Jericah was attending to her sick grandchild, she heard whispers outside her house followed by three loud bangs on her door which ultimately gave way. Immediately, she switched on her torch, pointed it towards the door and saw three robbers entering. It was her evidence that she was able to recognize the appellant and two of his accomplices who were known to her prior to the incident.

The appellant ordered her to stand up while they ransacked the house and stole Kshs. 27,000/= which was under the mattress. Thereafter, the robbers proceeded to inflict severe injuries on her which included cuts on her head and f…

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