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Lemarantin Loitan & another v. Republic

(2006) JELR 105404 (CA)

Court of Appeal  •  Criminal Appeal 58 of 1998  •  12 May 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Philip Nyamu Waki



Lemarantin Loitan (1st appellant) and Olonunua Losubere (2nd appellant) appeal to this Court against their conviction and sentence on one count of robbery with violence contrary to section 296(2) of the Penal Code and the particulars of the charge forming the basis of their appeal to the Court were that on 4th day of March, 1997 at Isiolo River, Buffalo Springs in Isiolo District, the two appellants, together with one, Laindora Loituai, the appellants while armed with dangerous weapons, namely rifles, robbed Mburu Karanja of Shs.25,000 and a watch and that during the robbery they used actual violence on Mburu Karanja. The third person Laindora Loituai was acquitted by the learned trial magistrate but the two appellants were found guilty and convicted on the charge stated herein and a second one, also of robbery involving the same incident. The two appellants appealed to the High Court and by its judgment dated and delivered on 30th October, 1998, the High Court (E…

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