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George Onyango v. Republic

(2020) JELR 98107 (CA)

Court of Appeal  •  Criminal Appeal 24 of 2016  •  4 Dec 2020  •  Kenya

Coram
William Ouko, Jamila Mohammed, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The trial court, having been satisfied that the appellant was involved in a robbery, in which the complainant’s father’s motor cycle was stolen, convicted and sentenced the appellant to death.

The court reached this conclusion after hearing evidence of how on the night in question at 9.00 p.m, the appellant emerged from a bar and sought to hire the services of the complainant who operated a motorcycle taxi to take him to Lurambi; that on their way, the appellant instructed him to take him, instead to a place called Kolomatangi; that at that point, the appellant demanded to be given the motor cycle; and that the appellant was joined by two of his confederates who threatened the complainant with pangas.

The court also heard that in the end, the appellant rode the motor cycle away while the two accomplices disappeared. A report was made to the police.

Fortunately, the next day, the complainant received information that someone was selling a motor cycle at a nearby tradi…

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