Login Register

E.O.O & another v. Republic

(2011) JELR 105255 (CA)

Court of Appeal  •  Criminal Appeal 197 of 2008  •  23 Jun 2011  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji



The appellants, E.O.O and Patrick Mogaka Ongubo, were tried by the Senior Principal Magistrate’s Court at Kisii (Mbogo, SPM) on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The second appellant, Patrick Mogaka Ongubo, , was also charged with a second count of assault causing actual bodily harm contrary to section 251 of the Penal Code. The particulars of the charge were that on the night of 2nd September, 2004 at Nyansiongo/Gesima sub-location in Nyamira District within Nyanza Province, jointly with others not before court, while armed with pangas, robbed Eric Onami Nyaribo Shs.3800/- and at or immediately before or immediately after the time of such robbery used actual violence to the said Erick Onami Nyaribo.

The evidence adduced against the appellants was that on 2nd September, 2004, at about 8.30 p.m. Erick Onami Nyaribo (PW2), (the complainant), his wife Gillian Moraa (PW3) (Moraa), and his cousin Justin Mokua (PW4) (Justin …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login