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Charles Oduor Magero v. Republic

(2000) JELR 98398 (CA)

Court of Appeal  •  crim app 43 of 00  •  22 Jun 2000  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire

Judgement

JUDGMENT OF THE COURT

:Charles Owuor Magero, the appellant herein, was together with eleven other persons who are not before us, charged, and tried on a total of six counts, four of them being robbery with violence under section 296(2) and two being those of assault causing actual bodily harm contrary to section 251, all under the Penal Code. The appellant was among those who were convicted on count 2 and count 3 of the charges but for some unexplained reason(s) the trial magistrate reduced the charges to be that of simple robbery under section 296(1) of the Penal Code. We warned the appellant before the hearing of this appeal commenced before us, if the appeal fails, we will be obliged by law to convict him under section 296(2) of the Penal Code. The occurrence of the robberies was wholly unchallenged and the appellant, if he participated in the robberies was, in the company of at least eleven other persons and they were armed with pangas, rungus and such like objects which were obvio…

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