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PAUL MULINGE & ANOTHER
V.
REPUBLIC

(2019) JELR 93196 (CA)

Court of Appeal 22 Mar 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 131 of 2015
Judges:Roselyn Naliaka Nambuye, Wanjiru Karanja, Sankale ole Kantai
Location:Nairobi
Other Citations:Paul Mulinge & another v. Republic [2019] eKLR

JUDGMENT OF THE COURT

This is an appeal arising from the Judgment of the High Court of Kenya at Nairobi (S. N. Mutuku and W. Korir, JJ) dated the 22nd November, 2013, dismissing the appellants’ appeals against both convictions and sentences.

The background to the appeal is that the appellants were charged jointly in count 1 with the offence of Robbery with Violence contrary to Section 296(2) of the Penal Code. The appellants’ also faced separate alternative counts of handling stolen goods contrary to section 322(1) and (2) of the Penal, which do not form part of the substratum of the appeal. We therefore find no need to set them out herein. The particulars of the offence of robbery with violence were that on the 31st day of October, 2011 at village two of Bura Location in Tana North District within Tana River County, being armed with offensive weapon namely a knife, jointly robbed Pius Munyua of his motorcycle Registration No. KMCM 822 F, valued at Kshs 82,000/=, one mobile phone make N…

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