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David Ochieng Akoko v. Republic

(2018) JELR 102787 (CA)

Court of Appeal  •  Criminal Appeal 185 of 2014  •  7 Dec 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] David Ochieng Akoko, who is the appellant before us was charged jointly with two others before the Senior Principal Magistrate’s Court at Migori for the offence of Robbery with Violence contrary to section 296(2) of the Penal Code and an alternative charge of handling stolen property contrary to section 322(2() of the Penal Code. The appellant also faced a second charge of having suspected stolen property contrary to section 323 of the Penal Code.

[2] Following a trial in which nine (9) witnesses testified for the prosecution, and the appellant and his co-accused also gave evidence in their defence, the trial magistrate acquitted the appellant’s co-accused but convicted the appellant on both counts and sentenced him to death on the first count, and 3 years imprisonment on the second count.

[3] Being dissatisfied with the judgment, the appellant appealed to the High Court against his conviction and sentence, challenging the finding of the trial magistrate on iden…

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