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SILA IMENDE MBINJI & ANOR.
V.
REPUBLIC

(2018) JELR 93240 (CA)

Court of Appeal 15 Mar 2018 Kenya
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Case Details

Suit Number:Criminal Appeal 76 of 2014
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Kisumu
Other Citations:Sila Imende Mbinji & another v. Republic [2018] eKLR

JUDGMENT OF THE COURT

[1] The two appellants have appealed against the judgment of the High Court (Lenaola and Onyancha, JJ. as they then were) dismissing the appeal of each against conviction and sentence for robbery with violence and robbery.

[2] The two appellants were jointly charged before Senior Resident Magistrate (SRM) Butere, with two charges. In the 1st count, they were jointly charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge stated that on the night of 23rd April, 2009 at Itoko Village, the two appellants jointly with others not before the Court, robbed Charles Obadiah Ogoti (1st complainant) of a mobile phone and cash Shs. 153/= all valued at Shs. 2,153/=. The charge further stated that the appellants were armed with a rungu, panga and stone at the time of the robbery and that they wounded the 1st complainant. In the 2nd count, the appellants were charged with robbery contrary to Section 296 (1) of…

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