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Dickson Samuel Odhiambo v. Republic

(2000) JELR 98382 (CA)

Court of Appeal  •  crim app 148 of 00  •  24 Nov 2000  •  Kenya

Coram
Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Bernard Chunga

Judgement

JUDGMENT OF THE COURT

The appellant, DICKSON SAMUEL ODHIAMBO, was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code before the Chief Magistrate's Court at Kisumu but convicted of simple robbery contrary to section 296(1) of the Penal Code. He was, on 14 May 1998 sentenced to serve six years' imprisonment with six strokes of the cane. His appeal to the superior court was, on 23 June 2000 dismissed but pursuant to the notice of enhancement letter of 9 June 2000 given by the Republic the superior court (Wambilyangah, J.) substituted the sentence passed by the trial magistrate with one of ten years' imprisonment with six strokes of the cane.

The appellant now appeals to this Court against both conviction and sentence. We have no jurisdiction to entertain the appeal against sentence on a second appeal whilst the second appeal against conviction is limited to questions of law.

The prosecution case was that on 3 March 1997 at Nyangeta Village in Kisu…

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