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MWINYI ABDALLA
V.
REPUBLIC

(2002) JELR 98218 (CA)

Court of Appeal 17 Jan 2002 Kenya
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Case Details

Suit Number:crim app 72 of 01
Judges:Philip Kiptoo Tunoi, Moijo Matayia Ole Keiwua
Location:Malindi
Other Citations:MWINYI ABDALLA v. REPUBLIC[2002] eKLR

JUDGMENT OF THE COURT

:The appellant in this appeal was charged with and convicted of the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were that the appellant on January 22, 1998 at 11.00 pm at Darling Village of Diani Location, Kwale District, jointly with others not before the court being armed with dangerous weapons namely pangas, rungus and bows, robbed Michael Ochieng Okanga (hereinafter called the complainant) of cash Kshs. 6,000/= a wrist watch, bank cheques and other items all valued at Kshs. 80,000/= and at or immediately after the time of such robbery threatened to use violence on the complainant.

The complainant who testified at the trial of the appellant stated that he was attacked by a group of about 10 people who robbed him of various items, which had been listed in the particulars of the offence. However, the complainant was unable later to identify any of his attackers. But his wife (PW 2) and who was driv…

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