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Johannes Ochieng Odhiambo & Collins Ouma Osollo v. Republic

(2015) JELR 98288 (CA)

Court of Appeal  •  Criminal Appeal 6 of 2014  •  17 Dec 2015  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

On 15th October 2011 at about 11.30 pm, Lucas Rateng, (the complainant) was awakened by barking dogs. When he peeped through the window, with the aid of moonlight, he saw four people, one of whom had a slasher and another had a torch with bright light. They broke into his house, cut him on the thigh and attempted to strangle him. He fell unconscious. When he came to, he found that those assailants had stolen his mattress, Sonitec radio cassette and a bag and had disappeared.

The following day, after treatment, the complainant reported the matter to Ugunja Police Station. He claimed he knew the attackers as they all came from his locality. Following a tip-off from the appellants’ brother, two days after the robbery police went to the houses of Pamela Achieng Wuaw, PW5 and Eunice Aoko Ojoo PW6. In PW5’s house they found the complainant’s stolen mattress and in PW6’s house they recovered the complainant’s radio cassette.

The two women apparently gave the names of the a…

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