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JACOB OMONDI ODONGO, GEORGE OTIENO AKULA, DANIEL RABWOGE ONIALO & ANDREW ORWA ODONGO V. REPUBLIC

(2013) JELR 97074 (CA)

Court of Appeal  •  Criminal Appeal 406 of 2009  •  31 May 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

Between the night of 7th and 8th June, 2006, and the night of 18th and 19th June, 2006, the appellants in this appeal George Otieno Akula, Jacob Omondi Odongo, Daniel Rabwoge Onialo and Andrew Orwa Odongo, the first, second, third, and fourth appellants respectively committed a series of burglaries in respect of various dwelling houses in South West Gem and South Gem locations of Siaya District. It is not certain as to when each of them was arrested, but going by the charge sheets in the record, it would appear that they were arrested on or before 26th June, 2006 and possibly on 27th June, 2006. On 26th June, 2006, they were allegedly found handling some of the properties stolen from the various houses the subject of the main charges, and on 27th June, 2006, three of them were found in possession of yet other properties. Whenever they were arrested, the police, in their wisdom arraigned them before the trial court on four separate charges in criminal Case Nos. 905…

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