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LAWRENCE OMONDI OTIENO V. REPUBLIC

(2007) JELR 104620 (CA)

Court of Appeal  •  Criminal Appeal 368 of 2006  •  15 Jun 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>On 7<sup>th</sup> July, 2003 <em>LAWRENCE OMONDI OTIENO</em>, the appellant herein, was arraigned before the Senior Resident Magistrate’s Court at Migori in <em>Criminal Case No. 713 of 2003</em> on a charge of robbery with violence contrary to <em>section 296 (2)</em> of the Penal Code and he pleaded <em>“Not Guilty”</em> to the charge. The particulars of the offence stated as follows:</p><p><em>“LAWRENCE OMONDI OTIENO</em></p><p><em>On the 30</em><em><sup>th</sup></em><em> day of June 2003 at Uriri trading centre in Migori District within Nyanza Province jointly with others not before Court, robbed MILLICENT AUMA OGOLLA of Ksh.17,000/= and at or immediately before or immediately after the time of such robbery wounded the said MILLICENT AUMA OGOLLA”.</em></p><p>Although the appellant’s plea was taken on 7<sup>th</sup> July, 2003 his trial did not commence until 8<sup>th</sup> March, 2004 before the learned Senior Resident Magistrate Mr. S. O. Atonga, and the complainant Millicent Auma Ogolla (PW1) testified. After Millicent’s testimony, the trial was adjourned to 22<sup>nd</sup> March, 2004 when the prosecut…</p>

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