IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Omolo, Akiwumi and Tunoi JJ A )
CRIMINAL APPEAL NO. 148 OF 1990
BETWEEN
1. EVANS ONGOCHI ODONGO...............................................1ST APPELLANT
2. CHARLES ONYANGO...........................................................2ND APPELLANT
AND
REPUBLIC......................................................................................RESPONDENT
(Appeal from a conviction and sentence, judgment, order, or as the case may be of the High Court of Kenya at Nairobi (Mr Justice Schofield J and Gicheru J dated 1st July, 1987 in KSM HCCRA No 57 and 58 of 1985)
JUDGMENT
Evans Ongochi Odongo, the 1st appellant, and Charles Onyango, the 2nd appellant, together with one Edward Kenyatta Owuor, Edward, were jointly charged and tried before the Senior Resident Magistrate of Kisumu on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. Edward was acquitted under section 210 Criminal Procedure Code as the learned trial magistrate fou…