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OUMA OBENJO & ANOR.
V.
REPUBLIC

(2010) JELR 95419 (CA)

Court of Appeal 16 Jul 2010 Kenya
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Case Details

Suit Number:Criminal Appeal 4002 of 2007
Judges:Philip Kiptoo Tunoi, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno
Location:Nairobi
Other Citations:Ouma Obenjo & another v. Republic [2010] eKLR

JUDGMENT OF THE COURT

The appellants, Ouma Obenjo and Stanley Kinuthia, were tried by the Senior Principal Magistrate at Kibera 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 9th April, 2002 at Ngong township in Kajiado District within Rift Valley Province jointly robbed Benjamin Mutisya Munyao a Panasonic radio, one executive briefcase, one bag, a brown aviation bag, two saving (sic) machine (sic) black and brown, a stereo walkman, one mirror, electric iron and a kitchen knife all valued at Kshs.15,000/= and at or immediately before or immediately after the time of said robbery wounded the said Benjamin Mutisya.

The evidence adduced against the appellants was that on the 9th April, 2002 at about 10.20 pm Benjamin Mutisya Munyao (PW 1) (the complainant), a student at a Nairobi College, was walking towards his home in Ngong. He had just alighted from a bus, a distance of some 50 metres from his home. Sud…

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