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DAMSON OKUMU ABUYABO & 2 ORS
V.
REPUBLIC

(2022) JELR 113511 (CA)

Court of Appeal 11 Feb 2022 Kenya
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Case Details

Suit Number:Criminal Appeal 62 & 63 of 2016
Judges:J Mohammed, JA PO Kiage, JA M Ngugi, JA
Location:Kisumu

JUDGMENT

  1. The appellants were charged with five offences under the Penal Code. At count I, they faced a charge of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the 8th of April 2010 at Buchembe village Luchea location in Mumias District within Western Province jointly while armed with dangerous weapons namely rungus robbed Andrew Omwira Wanangasa of cash Kshs. 80,000, mobile phone make Nokia 1202, Motorolla-C115, a bag with assorted clothes all valued at Kshs. 87,000 and immediately before the time of such robbery used actual violence to the said Andrew Omwira Wanangesa.

  2. In counts II, III, IV and V, the three appellants were jointly charged with the offence of causing grievous harm contrary to section 234 of the Penal Code. The particulars of the offence were that on the same day and place as in count I, they jointly unlawfully caused grievous harm to Samuel Kweyu (count II), Patrick Noah Wanga (count III) Frida Mango (cou…

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