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MICHAEL ONYANGO OBONDO, DUNCAN OUMA OCHIENG & DUNCAN OUMA ANGANG'O V. REPUBLIC

(2015) JELR 98201 (CA)

Court of Appeal  •  Criminal Appeal 263 & 264 of 2011 (R)  •  6 Nov 2015  •  Kenya

Coram
David Kenani Maraga JA Daniel Kiio Musinga JA Agnes Kalekye Murgor JA

Judgement

JUDGMENT OF THE COURT

Michael Onyango Obondo, Duncan Ouma Ochieng and Duncan Ouma Angang’o, (the appellants) were charged with one count of robbery with violence contrary to section 296 (2) of the Penal Code, four counts of breaking and committing a felony contrary to section 306 (a) of the Penal Code, that is count 2, 3, 4 and 5, and single count of stealing contrary to section 304 (2) of the Penal Code and section 279 (b) of the Penal Code that is count 6, and a charge of handling stolen goods contrary to section 322 (2) of the Penal Code that is count 7.

The particulars of count 1 are that on 12th December 2005 at Muhoroni location, jointly with others not before the court while armed with a dangerous weapon namely, a knife, robbed Bernard Ouma of one bicycle make Hero Jet valued at Kshs 4000/-, the property of the said Bernard Ouma, and at the time of such robbery used actual violence on the said Barnard Ouma.

The particulars of counts 2, 3 and 4 were that on the night of the 11th an…

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