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Hesbon Okoth Agai v. Republic

(2011) JELR 105206 (CA)

Court of Appeal  •  Criminal Appeal 209 of 2006  •  28 Jul 2011  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki, John walter Onyango Otieno



The appellant, HESBON OKOTH AGAI, was arraigned before the Chief Magistrate’s Court at Kisumu in Criminal Case No. 228 of 2000 and charged with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were as follows:- “HESBON OKOTH AGAI: On the night of 16th/17th June, 2000, within Kisumu Township in Kisumu District, Nyanza Province, jointly with others not before court while armed with dangerous weapon namely an Iron Metal Bar, robbed No. 54887 PC.Patrick Otieno Odol one revolver S/No. 47220, 6 rounds of 38 ammunition, a Seiko 5 wrist watch, a pair of shoes, a wallet and cash K.Shs.200/=, all valued at K.Shs.10,700/= and at or immediately before or immediately after the time of such robbery used actual violence on the said No. 54887 PC. PATRICK OTIENO ODOL.”The appellant denied the charge and his trial commenced before the learned Senior Resident Magistrate (F.M. Kinyanjui, Esq.,) on 19th October, 2000. The prosecution c…

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