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WAMADU KULOBA RASHID & ANOR
V.
REPUBLIC

(2022) JELR 113503 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:Criminal Appeal 118 of 2018
Judges:MSA Makhandia, JA A Mbogholi-Msagha, JA HA Omondi, JA
Location:Nairobi

JUDGMENT

  1. The appellants were charged before the Principal Magistrate’s Court at Kikuyu in Criminal Case No. 41 of 2006 with three counts of robbery with violence contrary to Section 296 (2) of the Penal Code. To each of the three counts, the appellants also faced alternative charges of handling stolen property contrary to Section 322 of the Penal Code. The particulars of the main counts were that on the night of 16th December 2006 at Nyarugumu village in Kiambu District, the appellants jointly with others, armed with crude weapons robbed the complainant in count 1 of a VCD player and Kshs. 8,000/= and used actual violence on the complainant. In count 2 they allegedly robbed the complainant of Kshs. 5,070/= while threatening to use actual violence on her. On the same night at Kiambaa village in Kiambu District they were said to have robbed the complainant in count 3 of a television set, a radio, two mobile phones, three bed sheets, one bed cover and Kshs. 3,000/= and used actual violenc…

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