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JAFRED ONYANGO V. REPUBLIC

(2020) JELR 101207 (CA)

Court of Appeal  •  Criminal Appeal 187 of 2014  •  7 Feb 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

On the night of 11th to 12th February, 2010, a bold gang of seven or eight robbers decided to terrorize the good residents of Bondeni, Kefinco and Malaba Estates of Kakamega Central District in the former Western Province. The gang were armed with an assortment of dangerous weapons including; pangas, iron bars, axes and a pistol. They moved from house to house breaking doors and windows to gain access before violently assaulting and injuring the occupants, then making away with a motley collection of household and personal goods including socks, table clothes, cell phones, pillow cases, pliers, spoons, shoes, wallets, cooking fat, padlocks, soap, rice, packets of maize flour, a loaf of bread and cash.

Police on patrol were alerted and mounted a search for the robbers that very night. While in pursuit of the robbers, and barely a hundred metres from the scene of the last of the robberies, the police officers encountered some three men laden with all manner of househ…

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