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Benard Otunga & Charles Omungo Kaliche v. Republic

(2012) JELR 105765 (CA)

Court of Appeal  •  Criminal Appeal 347 of 2008  •  23 Feb 2012  •  Kenya

Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji



The two appellants were jointly charged with one, Emilly Wambui, with the offence of robbery with violence contrary to section 296(2) of the Penal Code. Each of the three was also charged with an alternative count of handling stolen property contrary to section 322(2) of the Penal Code. The first appellant, Bernard Otunga, was the second accused at the trial while Charles Omungo, the 2nd appellant was the first accused. Each of the two appellant was after trial convicted on the main charge and each sentenced to death. The co-accused was acquitted. This is the second appeal, the appellant’s first appeal having been dismissed by the High Court.

The appellants were alleged to have robbed Fredrick Ochieng (complainant) of a T.V. Set, radio cassette, seven shirts, ten long trousers and cash Shs.77,000/=; all valued at Shs.17,400/= on the night of 21st December, 2002. The first appellant was also alleged to have dishonestly received or retained one Maroon suit valued at …

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