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PAUL MWISHO KITONYI
V.
REPUBLIC

(2012) JELR 93974 (CA)

Court of Appeal 15 Mar 2012 Kenya
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Case Details

Suit Number:Criminal Appeal 225 of 2010
Judges:Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Wanjiru Karanja
Location:Malindi
Other Citations:Paul Mwisho Kitonyi v. Republic [2012] eKLR

JUDGMENT OF THE COURT

On 30th day of July 2007 at about 1.30 p.m., MARIGA SWALE, hereinafter referred to as “the complainant”, alighted from a Matatu at the stage and started walking to her home in Nyali area Mombasa. As she was walking along, she noticed a young man following her. After a short while, the young man accosted her, pointed a knife at her and demanded to be given all the money and other items that she was carrying. She was afraid to scream and so she complied and surrendered her mobile phone, make Nokia 8210, and Ksh. 300/= which was in her purse. She gathered some courage and requested the young man to give her back the simcard from the cell phone and also her ID card. Surprisingly, the young man complied. He then left but with a stern warning to the complainant not to dare follow him.

Another man appeared at the scene and the complainant gathered courage and started screaming while giving chase. The said man and other members of the public joined in and gave chase. The y…

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