Customer Support

MICHAEL TSUMA & ANOTHER
V.
REPUBLIC

(2012) JELR 104541 (CA)

Court of Appeal 15 Mar 2012 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 79 of 2010
Judges:Riaga Samuel Cornelius Omolo JA Roselyn Naliaka Nambuye JA Joseph Gregory Nyamu JA
Location:Malindi
Other Citations:Michael Tsuma & another v. Republic [2012] eKLR

JUDGMENT OF THE COURT

The two appellants herein, namely MICHAEL TSUMA, the first appellant and MWAWAZA BENYOKA MWATHENJE, the second appellant, were tried and convicted by a Senior Resident Magistrate at Kilifi on a charge of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of that charge were that on the night of 15th December, 2005, at Simakeni Village, Rabai Location in Kilifi District of the Coast Province, the two appellants together with others while armed with dangerous or offensive weapons, to wit a panga and an axe, jointly robbed Peter Sila Muindi of cash KShs.29,000/-, one mobile phone make Siemens C50 valued at KShs.4,000/-, one charger, one radio, assorted clothes and utensils and that at or immediately before or immediately after the time of such robbery, used actual violence to the said Peter Sila Muindi.

During the night of 14th/15th December, 2005, Peter Sila Muindi (PW 1) was asleep in his house; he was in the same house with his dau…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.