JOSEPH OGUTU V. REPUBLIC

JUDGMENT OF THE COURT

1. JOSEPH OGUTU, the appellant, together with two others, were charged with two offences. The first one was robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of that charge were that during the night of 14^th September 2011 at Nyalenda Estate in Kisumu District (now Kisumu County) jointly, while armed with dangerous weapons namely pangas, they robbed Nelson Wanjala (the complainant) cash Kshs.3,000/= and at or immediately before or immediately after that robbery they applied actual violence to the said Nelson Wanjala. The second count was malicious damage to property contrary to Section 339(1) of the Penal Code. The particulars of that charge were that during same night and at the same place, the appellant and his confederates wilfully and unlawfully damaged one window and one door both valued at Kshs.8,000/=, the property of the said Nelson Wanjala.

2. After trial they were convicted on both counts and sentenced to 15 years’ impris…