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Jackson Oluoch & James Ongere Abwor v. Republic

(1984) JELR 105074 (CA)

Court of Appeal  •  Criminal Appeal 66 of 1984  •  7 Dec 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Harold Grant Platt

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Chesoni, Nyarangi and Platt Ag JJA)

CRIMINAL APPEAL NO 66 OF 1984

JACKSON OLUOCH ....................................APPELLANT

JAMES ONGERE ABWOR..........................RESPONDENT

AND

REPUBLIC...................................................RESPONDENT

(Appeal from the High Court at Kisumu, Schofield J)

JUDGMENT

The two appellants Jackson Oluoch and James Ongere Abwor were onMay 27, 1983 each convicted by the senior resident magistrate of Kisiion three counts of robbery contrary to section 296(1) of the Penal Codeand one of shop breaking and committing a felony contrary to section306(a) of the Penal Code (cap 63) and each was sentenced to five years’imprisonment to run concurrently and the strokes to be cumulative, and,each appellant was ordered to be subjected to Police Supervision for 5years after release from prison. Their appeals to the High Court, Kisumu(Schofield J) were dismissed. Each has appealed to this court.

The grounds of appeal of Jackson…

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