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DAVID EYANAE, DAVID ELOKITA & MICHAEL MUSEE LOKINGI V. REPUBLIC

(2007) JELR 104947 (CA)

Court of Appeal  •  Criminal Appeal 215 of 2006  •  21 Sep 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

This is a second appeal. The three appellants DAVID EYANAE, (first appellant) DAVID ELOKITA (also referred to in the original charge sheet as Peter Elokita) (second appellant) and MICHAEL MUSEE LOKINGI (third appellant) were jointly charged in the Senior Resident Magistrate’s court at Lodwar with one count of robbery with violence contrary to section 296(2) of the Penal Code, Chapter 63 Laws of Kenya, one count of being in unlawful possession of a firearm without a firearm certificate contrary to section 4(2) (a) as read with section 4(3) of the Firearms Act, Chapter 114 Laws of Kenya, and one count of being in unlawful possession of ammunitions without a firearms certificate contrary to section 4(2)(a) as read with section 4(3)(a) of the Firearms Act. The second appellant Elokita faced further two counts of being in unlawful possession of a firearm without a firearms certificate contrary to section 4(2) (a) as read with section 4 (3) (a) of the Firearms Act Chapt…

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