JOHANES ALFRED OMONDI & ELISHA OKETCH ODHIAMBO V. REPUBLIC

JUDGMENT OF THE COURT

Background

[1] This is a second appeal arising from the Judgment of the High Court, (Ali-Aroni, J), dismissing the appellants’ appeal against conviction and sentence.

[2] Johanes Alfred Omondi and Elisha Oketch Odhiambo (the appellants) were tried and convicted by the Chief Magistrate’s Court at Kisumu of the offence of stealing contrary to section 275 of the Penal Code. The particulars of the charge, was that on 27^th August, 2009 at Kisumu Township location, Kisumu District within Nyanza province jointly they stole five power cables, two main consumer power switch all valued at Kshs. 49,000/- the property of Peter Ogara Omondi (Omondi).

[3] The prosecution called three (3) witnesses in support of the charge. The evidence of Omondi was that he was a hotel manager at Hotel River Side, Accra Street in Kisumu town; that on 27^th August, 2009 while in his office, Washingstone Ochieng, (Washingstone), an employee of the hotel reported to him that the appellants who were wo…