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Bernard Ochieng Oduor,Vincent Ayuma Lisuka & Josenta Sylvesta Karanja v. Republic

(2006) JELR 106838 (CA)

Court of Appeal  •  Criminal Appeal 152 of 2004  •  24 Feb 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

On the night of 30th/31st December, 2000 there was a spate of robberies in Maili Tatu area of Trans-Nzoia District. At least three different families were hit by a gang of several robbers armed with pangas, hammers, rungus, sticks and big red torches. The victims were beaten up and suffered injuries. A large number of assorted household items and clothing were stolen. The various victims reported to Kitale Police Station and some of them told the police that they could identify the attackers if they saw them again.

Three days later on 3rd January, 2001, information was received at the police station that there were suspicious characters in a mud house at Mitume area. The police headed there at 11 a.m. and found three people: Vincent Ayuma Lisuka, Bernard Ochieng Oduori and Josenta Sylvesta Karanja. They were busy repairing several torches and one was cutting meat. On seeing the police the three started running away but were chased and apprehended. A large quantity …

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