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PETER WESONGA
V.
REPUBLIC

(2015) JELR 93074 (CA)

Court of Appeal 17 Dec 2015 Kenya
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Case Details

Suit Number:Criminal Appeal 49 of 2014
Judges:David Kenani Maraga Daniel Kiio Musinga Agnes Kalekye Murgor
Location:Kisumu
Other Citations:Peter Wesonga v. Republic [2015] eKL;R

JUDGMENT OF THE COURT

Moses Ameya, (the complainant), who testified before the subordinate court as PW1, was a boda boda operator. He was at the material time employed by one George Musumba to operate a motorcycle which had not been registered. It was a TVS Motorbike valued at Kes.85,000/= and identified by its engine number OFSB91514287.

As he rode home from Ekero Centre on 4th September 2009 at about 8.30 pm, he was stopped by the appellant, who was one of his regular customers, and asked to take him to Burudika Bar in that Centre. He obliged. The appellant alighted, went in that bar and returned with another person. Both of them asked the complainant to take them to Lurekho area. The appellant once again obliged. On the way, prior to arriving at the said destination, the appellant asked him to drop them which the complainant did. As the appellants pretended to get the fare from their pockets, another person emerged from a nearby sugar plantation with a stick. Thereafter the appellant…

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