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AGGREY OCHIENG AGUCH & ROBERT OUKO AKOKO V. REPUBLIC

(2014) JELR 105655 (CA)

Court of Appeal  •  Criminal Appeal 367 of 2008  •  11 Jul 2014  •  Kenya

Coram
John walter Onyango Otieno Sankale ole Kantai Patrick Omwenga Kiage

Judgement

JUDGEMENT OF THE COURT

The two appellants Aggrey Ochleng Aguch (the first appellant) and Robert Ouko Okoko (the second appellant) were charged before the Senior Resident Magistrate's Court, Winam, with various offences -the first count was that of robbery with violence contrary to Se tion 296 (2) of the' Penal Code in that on 5th March, 2007 at Nyamasaria area of Kisumu, jointly with others not before court while armed with crude weapons namely rungus and pangas robbed Nancy Sauma Anditi of a sony radio, CD charger, two bicycles, two mattresses, a Nokia 6020 mobile phone, ten cushions, assorted house hold utensils, clothes and a solar battery all valued at Kshs. 175,000/= and at the time of such robbery threatened to use actual violence against the said complainant.

The 2nd appellant was alternatively charged with the offence of handling stolen property contrary to Section 322 (2) of the Penal Code in that on 13th March 2007 at Nyamasaria area otherwise than in the course of stealing di…

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