DANIUM OLUOCH V. REPUBLIC

JUDGEMENT OF THE COURT

The appellant, Danium Oluoch, together with five others, were charged in the Chief Magistrate's court at Kakamega with eleven counts of robbery with violence contrary to Section 296 (2) of the Penal Code. They all denied committing the offences, but before any witness took the witness stand, the 1^st accused escaped from custody. The trial then proceeded with the prosecution calling no less than twenty (20) witnesses.

At the close of the prosecution's case, the trial court found that all the accused persons had a case to answer and put them on their defence. At the end of the trial however, the trial Magistrate (E.O. Obaga SRM) found that the prosecution had not proved, beyond any reasonable doubt, any of the offences against the 4^th 5^th and 6^th accused persons. He therefore acquitted them and set them at liberty unless otherwise lawfully held but he found that the prosecution had proved, beyond reasonable doubt, counts 1, 2, 3, 4, 5, 6, 8, 9 and 11 against the app…