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STEPHEN KIBUTHA M'MWONGO & ANOTHER
V.
REPUBLIC

(2011) JELR 94522 (CA)

Court of Appeal 7 Jul 2011 Kenya
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Case Details

Suit Number:Criminal Appeal 357 of 2009
Judges:Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno
Location:Nyeri
Other Citations:Stephen Kibutha M'mwongo & another v. Republic [2011] eKLR

JUDGMENT OF THE COURT

The appellants, Stephen Kibutha M’Mwongo and Silas Marete, were tried by the Senior Resident Magistrate at Meru (Mrs. M. S. G. Khadambi) on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge were that on the 19th day of December, 2004 at Thinyaine location in Meru-North District within Eastern province, jointly with others not before court, while armed with offensive or dangerous weapons namely pangas and rungus they robbed ALUBINO NDIMBO one radio cassette, one blanket, one wrist watch, one mobile charger and one spot light all valued at Kshs.2,650/= and at or immediately before or immediately after the time of such robbery wounded the said ALUBINO NDIMBO. They were also charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code.

The evidence adduced against the appellants was that on the 19th December, 2004 at about 9.00 pm Alubino Ndimbo (PW 1) (the complain…

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