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Benjamin Obat Ayoki v. Republic

(2008) JELR 105664 (CA)

Court of Appeal  •  Criminal Appeal 140 of 2008  •  5 Dec 2008  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



This is a second appeal. The appellant BENJAMIN OBAT AYOKI, was originally charged before the Senior Resident Magistrate’s Court at Bondo with the offence of robbery contrary to section 296(1) of the Penal Code. He pleaded not guilty to that charge on 3rd December, 2004 but apparently after P3 form was received by the prosecution, that charge was substituted with a charge of Robbery with violence contrary to section 296(2) of the Penal Code. The particulars of that charge read:-

“On the 28th day of November, 2004 at Masala sub-location, East Uyoma location, Bondo District within Nyanza Province, jointly with others not before court, robbed CRISPO ALUOCH OIKO of cash money Kshs.3,000/= and at or immediately before or immediately after the time of said robbery used personal violence to the said CRISPO ALUOCH OIKO.”

He again pleaded not guilty to the substituted charge. After full hearing, the learned Senior Resident Magistrate (S.N. Mbungi) found him guilty of the cha…

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