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Kennedy Ochieng Amiri v. Republic

(2011) JELR 105137 (CA)

Court of Appeal  •  Criminal Appeal 136 of 2008  •  13 Apr 2011  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya



This is a second appeal from the dismissal of the appellant’s appeal to the superior court at Kisumu (Musinga and Karanja, JJ) from the judgment of the Senior Resident Magistrate’s Court at Migori (Ezra O. Owino) delivered on 31st July, 2008. In the Senior Resident Magistrate’s Court, the appellant, Kennedy Ochieng Amiri, was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that on the night of 6th and 7th of October, 2004 at Kanyadieto Sub-Location in Migori District within Nyanza Province with others not before the court, being armed with offensive weapons, namely pangas, robbed Rhoda Atieno Ochola of one TV. set Phillips, one Sanyo CD machine, one pressure lamp, one Sony Radio, one briefcase three suitcases with assorted clothes, two watches make Omax and Seiko 5, one pair of gumboots, five sheets, two blankets and cash Kshs.51,000/= all valued at Kshs.104,347/= and at or immediat…

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