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Moris Otieno Oduor v. Republic

(2011) JELR 105017 (CA)

Court of Appeal  •  Criminal Appeal 149 of 2007  •  7 Oct 2011  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



Although the appellant herein had, in person and through his counsel on record, drawn up a “Petition of Appeal”, “Supplementary grounds of appeal”, “Further Supplementary Memorandum of Appeal” and “2nd Further Supplementary Memorandum of Appeal ” containing in all some 27 grounds of appeal to challenge his conviction and sentence, he abandoned all the grounds of appeal against his conviction and only urged one ground relating to the legality of his sentence. We shall return to that ground presently.

The appellant was charged and tried before Makadara Senior Principal Magistrate (C.O. Kanyangi) on one count of attempted robbery with violence contrary to section 297 (2) of the Penal Code; one count of being in possession of a firearm without a certificate contrary to section 4 (3) (b) of the Firearms Act, and one count of being in possession of ammunition without a firearm certificate Contrary to section 4 (1) (3) (b), of the Firearms Act. It was alleged in the attem…

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