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(1983) JELR 102597 (CA)

Court of Appeal  •  crim app 61 of 81  •  5 Apr 1983  •  Kenya

Alan Robin Winston Hancox, Alister Arthur Kneller, Kenneth D Potter



The appellants Ernest Imbindi and Adriano Achesa were convicted by the Senior Resident Magistrate sitting at Kisumu of the offence of robbery, contrary to Section 296(1) of the Penal Code and sentenced to seven years’ imprisonment and twelve strokes of corporal punishment, with five years compulsory police supervision to follow their release. Three other co-accused were also convicted and awarded the same sentence as the appellants. On appeal to the High Court (Trevelyn and Chesoni JJ) the consolidated appeals of the five convicted men were dismissed.

On the night of June 29, 1979, Robert Franks and his wife Ingeborg were in the kitchen of their house at Sirere Village in the Kakamega District when an armed gang broke in and beat the husband and the wife so severely that the couple had to be flown to Nairobi Hospital for treatment. The goods listed in the charge sheet were stolen.

The first appellant Ernest was not identified by Mr Franks or his wife. The case again…

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