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DENIS MWAMBELA MWAWASI & ANOTHER
V.
REPUBLIC

(2015) JELR 97215 (CA)

Court of Appeal 20 Mar 2015 Kenya
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Case Details

Suit Number:Criminal Appeal 77 of 2012
Judges:Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale
Location:Malindi
Other Citations:Denis Mwambela Mwawasi & another v. Republic [2015] eKLR

JUDGMENT OF THE COURT

[1] This is a second appeal lodged by the two appellants Denis Mwambela Mwawasi and Micah Mwangwale Mwata (hereinafter referred to as 1st appellant and 2nd appellant respectively). The two appellants were tried and convicted by the Senior Resident Magistrate’s Court at Voi on two counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code, in addition, the 2nd appellant was also charged with two counts of being in possession of a firearm without a firearm certificate contrary to section 4(1) as read with section 4(3) of the Firearm Act Cap 114 Laws of Kenya. The particulars in regard to count I, alleged that the two appellants jointly while armed with a pistol robbed Michael Mukua (Mukua) who is the complainant in count 1 and threatened to shoot him. In count 2, the two appellants were similarly alleged to have robbed James Githae (Githae) who is the complainant in count 2 and threatened to shoot him. In count 3 and 4, the 2nd appel…

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