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Charles Onyango Otieno v. Republic

(2011) JELR 98397 (CA)

Court of Appeal  •  Criminal Appeal 491 of 2007  •  3 Nov 2011  •  Kenya

Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



Following his conviction and sentence by the Senior Resident Magistrate, at Bondo, on two counts of robbery with violence contrary to section 296(2) of the Penal Code, and two counts of assault causing actual bodily harm contrary to section 251 of the Penal Code, Charles Onyango Otieno, the appellant, appealed against both conviction and sentence to the High Court which dismissed the same and hence the appeal before us.

In a memorandum and supplementary memorandum of appeal filed on his behalf by his advocate, Mr. Amondi, the main issue of law raised is identification. It was the only ground which Mr. Amondi submitted on when the appellant’s appeal came before us for hearing.

The offences for which the appellant was convicted and sentenced were committed at about 9 p.m. on 17th June 2003. The prosecution case was that a gang of robbers numbering about ten surprised Raphael Okwach Ogolla (PW1) at his house at Ajigo sub-location in Bondo District, after forcing open t…

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