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John Omondi Okoth v. Republic

(2011) JELR 98057 (CA)

Court of Appeal  •  Criminal Appeal 517 of 2010  •  23 Jun 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

John Omondi Okoth, the appellant herein, was tried and convicted on one count of robbery with violence contrary to section 296 (2) of the Penal Code, the particulars of the charge being that on the 30th day of December, 2007 at Ugunja Township in Siaya District of Nyanza Province, the appellant, jointly with others not before the court, and while armed with dangerous weapons namely guns, robbed Lukas Omondi Rakama of K.Shs.12,000/- and one mobile telephone make Nokia 2600 S/No. 355669008223938 valued at K.Shs.8,600/- and at or immediately before or immediately after the time of the robbery, threatened to use actual violence to the said Lukas Omondi Rakama. Upon his conviction, the appellant was sentenced to death. He appealed to the High Court at Kisumu, but that court (Mwera and Karanja, JJ), by its judgment dated and delivered on 9th June, 2009, dismissed the appeal. The appellant now appeals to the Court and since the appeal to the Court is a second one, the Co…

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