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Gabriel Omondi & Vincent Onyango Misingo v. Republic

(2016) JELR 98349 (CA)

Court of Appeal  •  Criminal Appeal 111 of 2014  •  11 Oct 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

1. The appellants were arraigned before the Principal Magistrate’s court at Ukwala on four counts of robbery with violence contrary to section 295 as read with section 296 (2) of the Penal Code. They also faced two counts of being in unlawful possession of a firearm and ammunition contrary to section 89 (1) of the Penal Code. The appellants were also charged for consorting with a person in possession of a firearm contrary to section 89 (2) of the Penal Code. They were convicted on all the counts. On the counts of robbery with violence, they were sentenced to death but sentence in respect of the other charges was held in abeyance.

2. The appellants were dissatisfied with the trial courts judgment and preferred an appeal to the High Court. The appeal was dismissed in its entirety. Undeterred, the appellants preferred a second appeal to this Court. This being a second appeal, under section 361 (1) of the Criminal Procedure Code, such an appeal is confined to matters o…

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