REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT KEHANCHA CRIMINAL CASE NO. E533 OF 2025 REPUBLIC VERSUS JOSEPH CHACHA RIOBA……………………………………...1ST ACCUSED TOBIAS MOHONI MWITA……………………………………2ND ACCUSED CHARLES MARWA MWITA…………………………………..3RD ACCUSED OGALI LEO MOSES…………………………………………….4TH ACCUSED GEORGE OTIENO WANDHANI………………………………5TH ACCUSED ALFRED KAMADI ILUMBE…………………………………...6TH ACCUSED MARGARET GHATI…………………………………………….7TH ACCUSED JOHN OBOGO KERONZO……………………………………..8TH ACCUSED RULING 1. The 1,2,3,4,5,6 & 8 accused persons have been charged in count one with the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. The particulars are that the accused persons on the 25th day of December, 2025 at around 2100 hours at Siabai village, Ntimaru Sub County within Migori County jointly with others nor before court while armed with a firearm and offensive weapons namely Pangas, swords, bow and arrows robbed JOHNES MUNIKO of itel button KEHANCHA SPMC CR NO. E533 OF 2025 (RULING2) 1
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phone valued at Kshs. 2,000/= and immediately before and after the time of such robbery used actual violence to the said JOHNES MUNIKO. 1. The 1,2,3,4,5,6 & 8 accused persons have been charged in count one with the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. The particulars are that the accused persons on the 25th day of December, 2025 at around 2100 hours at Siabai village, Ntimaru Sub County within Migori County jointly with others nor before court while armed with a firearm and offensive weapons namely Pangas, swords, bow and arrows robbed JOHNES MUNIKO of itel button phone valued at Kshs. 2,000/= and immediately before and after the time of such robbery used actual violence to the said JOHNES MUNIKO. 2. The 1,2,3,4,5,6 & 8 accused persons have been charged in count two with the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. The particulars are that the accused persons on the 25th day of December, 2025 at around 2100 hours at Siabai village, Ntimaru Sub County within Migori County jointly with others nor before court while armed with a firearm and offensive weapons namely Pangas, swords, bow and arrows robbed CHARLES MAGIGE of Kshs. 30,000/= and immediately before and after the time of such robbery used actual violence to the said CHARLES MAGIGE. 3. The 1,2,3,4,5,6 & 8 accused persons have been charged in count three with the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. The particulars are that the accused persons on the 25th day of December, 2025 at around 2100 hours at Siabai village, Ntimaru Sub County within Migori County jointly with others nor before court while armed with a firearm and offensive weapons namely Pangas, swords, bow and arrows robbed LUKAS RIOBA of Kshs. 36,000/= KEHANCHA SPMC CR NO. E533 OF 2025 (RULING2) 2
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and immediately before and after the time of such robbery used actual violence to the said LUKAS RIOBA. 4. The 1,2,3,4,5,6 & 8 accused persons have been charged in count four with the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. The particulars are that the accused persons on the 25th day of December, 2025 at around 2100 hours at Siabai village, Ntimaru Sub County within Migori County jointly with others nor before court while armed with a firearm and offensive weapons namely Pangas, swords, bow and arrows robbed ENOCK MURIAN of a Nokia touchscreen phone valued at Kshs. 28,000/= and immediately before and after the time of such robbery used actual violence to the said ENOCK MURIAN. 5. The 1,2,3,4,5,6 & 8 accused persons have been charged in count five with the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. The particulars are that the accused persons on the 25th day of December, 2025 at around 2100 hours at Siabai village, Ntimaru Sub County within Migori County jointly with others nor before court while armed with a firearm and offensive weapons namely Pangas, swords, bow and arrows robbed JULIUS MWITA of Kshs. 50,000/= and immediately before and after the time of such robbery used actual violence to the said JULIUS MWITA. 6. The 7th accused has been charged in count seven with the offence of being in possession of ammunition without a firearm certificate contrary to section 4A (1) (a) of the Firearms Amendment Act NO. 6 OF 2010. The particulars are that the accused person on the 26th day of December, 2025 at around 0430 hours at Siabai village, Ntimaru Sub County within Migori County, without lawful excuse was found in possession of one homemade rifle KEHANCHA SPMC CR NO. E533 OF 2025 (RULING2) 3
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without a license or permit or other lawful justification from the licensing officer. 7. The 7th accused has been charged in count six with the offence of being in possession of a firearm without a firearm certificate contrary to section 4A (1) (a) of the Firearms Amendment Act NO. 6 OF 2010. The particulars are that the accused person on the 26th day of December, 2025 at around 0430 hours at Siabai village, Ntimaru Sub County within Migori County, without lawful excuse was found in possession of one round of ammunition caliber 7.6x39 millimeter special without a licence or permit or other lawful justification from the licensing officer. The Prosecution Case 8. The prosecution called seven witnesses namely: 1) OMAHE ZACHARY JAMES (clinical officer) (PW1) 2) JOHNES MUHIRI MUNIKO (PW2) 3) CHARLES MAGIGE CHACHA (PW3) 4) ENOCK MURIAN KENGANYA (PW4) 5) JULIUS MWITA (PW5) 6) NO. 239274 CI PAUL WANYOIKE MAINA (PW6) 7) NO. 55152 CPL PATRICK OTIENO (PW7) 9. I have carefully considered the prosecution evidence on record and find that a prima facie case has been established in respect of counts 1,2, 4, 5, 6 & 7 as against the 1st , 2nd , 3rd, 4th, 7& 8th accused persons and place them on their defence. 10.The complainant in count three did not testify, meaning there is no evidence on record in support of the said count robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code and acquit the KEHANCHA SPMC CR NO. E533 OF 2025 (RULING2) 4
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accused persons number,1,2,3,4,5,6 & 8 under section 210 of the Criminal Procedure Code as they are not guilty as charged. 11.In respect of the 5th and 6th accused persons the investigating officer (PW7) told the court that they were mentioned by the complainants but later it was found that they were not involved in the attack. That they should be acquitted as there is no evidence against them. This clearly shows that there is no evidence on record against the 5th and 6th accused persons and find that no prima facie case has been established against them. In conclusion I find the 5th and 6th accused persons not guilty as charged in counts 1,2, 4 & 5 with the offences of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code and acquit them under section 210 of the Criminal Procedure Code. Dated, Signed and Delivered in open Court at Kehancha on this 15 th day of September, 2026. J.P. NANDI SENIOR PRINCIPAL MAGISTRATE In the presence of: Mr. Kuntai………… Prosecution Counsel Mr. Mang’era/Ms. Martha.………… Court Assistant Accused …………….. Present Interpretation ……… English/Kiswahili Accused Language … Kiswahili Advocate for accused persons: Ms. Onyangore present KEHANCHA SPMC CR NO. E533 OF 2025 (RULING2) 5
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