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Bon David Onyango v. Republic

(2008) JELR 97969 (CA)

Court of Appeal  •  Criminal Appeal 312 of 2007  •  5 Dec 2008  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The appellant herein, BON DAVID ONYANGO, was jointly charged with one, SOSPETER GEORGE OTIENO alias GEORGE OCHIENG OWINO, with the offence of robbery with violence contrary to section 296(2) of the Penal Code.

The charge sheet in which the offence was particularized stated that the two accused persons with others already in court and while armed with offensive weapons, robbed one, Ruth Seda of a mobile phone, a video deck, four television sets, one mattress, assorted types of utensils, two wall clocks, two wrist watches, two pairs of spectacles, one land line telephone receiver, one thermos flask, four suitcases, one gas cylinder, assorted types of clothing, personal documents including a national identity card, a purse containing K.Shs.800/= and three pairs of shoes all valued at K.Shs.132,600/=.

The offence is said to have been committed at Nyahera Sub-location in Kisumu District within Nyanza Province on the night of 6th October, 2002. The appellant together with…

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