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BONIFACE SAVALI MULYUNGI & ANOR
V.
REPUBLIC

(2020) JELR 103531 (CA)

Court of Appeal 23 Oct 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 150 of 2016
Judges:Hannah Magondi Okwengu, William Ouko, Fatuma sichale
Location:Nairobi
Other Citations:Boniface Savali Mulyungi & another v. Republic [2020] eKLR

JUDGMENT OF THE COURT

The two appellants were jointly charged that on 27th March, 2014, at about 9.30am in Mwingi Township, while armed with a pistol, they robbed Esther Kilonzo of mobile phone accessories and other related items that she was in the process of delivering to customers. According to her, there were three men; one talking on the phone, one standing, and the third one sitting on a motorcycle that had no number plate.

While passing them, the man who was standing snatched the polythene bag in which she was carrying the aforesaid mobile phone items. When she attempted to scream, the man pointed at her what she believed was a pistol and ordered her to run away. At that stage, the three men mounted the motorcycle and rode away towards Kyuso Road. This incident was witnessed by a boda boda operator, Daniel Wambua, who was joined by other boda boda operators and gave chase.

In the meantime, the complainant reported the incident to the nearby Mwingi Police Station and with the polic…

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