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(1985) JELR 105683 (CA)

Court of Appeal  •  Criminal Appeal No 175 of 1984  •  21 Jun 1985  •  Kenya

Harold Grant Platt, Alan Robin Winston Hancox



The appellant Michael Otieno Amigo was described in the trial proceedings as the third accused, although in some headings he was listed the fourth. There is no doubt, however, from the charges and the trial magistrate’s handling of the trial and his judgment, that this appellant was always treated and correctly treated, as the third accused. As such he was convicted of only one offence out of the four charged, namely on the second count, when it was alleged that on July 26, 1982, the appellant with three others robbed Dayabhai Chaganbhai Patel of his Mercedes car, a coat and a wrist watch as well as cash, all valued at Ksh 143,000, at about 5.30 pm at Mr Patel’s shop in Kisumu. From the evidence of Mr Patel, which both the trial court and first appellate court accepted, that there is no doubt that the robbery took place as Mr Patel described. The main question in issue, was whether the appellant had been recognized as one of the robbers. Mr Patel said he was, and identified t…

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