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Anthony Odhiambo Olando, Yona Otieno Wauna & George Ochieng Meso v. Republic

(2010) JELR 105522 (CA)

Court of Appeal  •  Criminal Appeal 158, 159 & 160 of 2009  •  25 Jun 2010  •  Kenya

Coram
Moijo Matayia Ole Keiwua, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellants, Anthony Odhiambo Olando, Yona Otieno Wauna and George Ochieng Meso were charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code before the Principal Magistrate’s Court at Siaya. The particulars of charge under section 296 (2) of the Penal Code were that on the 17th day of July, 2007 along Kisumu/Busia at Ukaya stage, Maliera sub location in Siaya District within Nyanza Province, jointly with others not before court while armed with dangerous weapons namely pangas and rungus robbed Julius Omondi Atieno of cash Kshs.19,000/- , one employment card, one Equity Bank Card, one voters card, National Identity card, two shirts, one pair of long trouser, neck tie, spare wheel, car jack and handler and a wheel spanner all valued at Kshs.40,000/- and at or immediately before or immediately after the time of such robbery wounded the said Julius Omondi Atieno. Briefly, the facts that led to the above charge were as follows…

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