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Eliud Moses Owino Opwapo v. Republic

(2013) JELR 105498 (CA)

Court of Appeal  •  Criminal Appeal 371 of 2009  •  8 Nov 2013  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai



The appellant, Eliud Moses Owino Opwapo, was charged before the Principal Magistrates Court, Siaya, with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code particulars being that on the 2nd day of August, 2007 at around 2030 hours, at Rabango estate in Siaya within the then Nyanza Province, jointly with others not before court, he robbed Marshal Tito Abonyo of a mobile phone make Motorola v. 980 serial number 354909002279564, a wrist watch make Armitron diamond and cash Kshs. 600/= all valued at Kshs. 70,000/= and that at or immediately before or immediately after the time of such robbery he wounded the said complainant. There was an alternative charge of handling stolen goods contrary to Section 322 (2) of the Penal Code particulars being that on the said day at the said time and place the appellant dishonestly retained the said items.

The second charge facing the appellant was that he was found in possession of narcotic drugs cont…

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