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GIDEON ISABWA
V.
REPUBLIC

(2010) JELR 97828 (CA)

Court of Appeal 2 Dec 2010 Kenya
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Case Details

Suit Number:Criminal Appeal 388 of 2009
Judges:Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua, Erastus Mwaniki Githinji
Location:Kisumu
Other Citations:Gideon Isabwa v. Republic [2010] eKLR

JUDGMENT OF THE COURT

The appellant Gideon Isabwa and one Milton Lumwachi, ( Milton ) were convicted by Senior Resident Magistrate Vihiga for robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death. Their respective consolidated appeals were dismissed by the superior court on 21st May, 2008. The appellants were alleged to have robbed John Juma Masambaka, (complainant) of a mobile phone valued Shs.5000/= and cash Shs.500/=. The complainant testified at the trial, among other things that, he, on the material day was going home at about 8.30 p.m. while carrying paraffin; that on the way he saw a torch light and he flashed his torch; that he saw a large group of people who attacked him and robbed him of his mobile phone and Shs.500/=; that the gang then poured paraffin on him as he was lying down; that when the gang went to look for a matchbox to set him on fire, he escaped; that he recognized the appellant who is related to him and, that he also recognis…

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