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Albert Bernard Okwaro Wanjala and Joseph Alaka v. Republic

(1979) JELR 106228 (CA)

Court of Appeal  •  Criminal Appeal 55 of 1978  •  12 Jan 1979  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller

Judgement

JUDGMENT OF THE COURT

The appellants were convicted on two counts of robbery with violence, contrary to section 296(2) of the Penal Code, by the Senior Resident Magistrate at Kisumu, and were duly sentenced to death. Their appeals to the High Court were dismissed.

The robbery charged in count 1 took place at night at the house of Ojasi in Busia district on the night of 6th July 1977. A gang of robbers armed with a pistol, and panga and sticks broke into the house and stole Shs 600,000 which was kept there. They slashed and wounded Ojasi’s wife and his son Okumu. Another son, Frederick, raised an alarm. This brought to the scene Ojasi’s nephew Crispin, who was sleeping in a near-by house, and who arrived in his motor car. He was also slashed and beaten by the robbers, who also raided his house and stole Shs 2000, a watch and a radio. This robbery was the subject of count 2.

The first appellant was identified by Okumu, by the light of kerosene lamps in the house, and by Frederick and Crisp…

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