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Ngoya & 5 others v. Republic

(1982) JELR 98447 (CA)

Court of Appeal  •  Criminal Appeal 136 of 1981  •  28 Oct 1982  •  Kenya

Coram
Eric John Ewen Law, Alister Arthur Kneller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law, Potter JJA and Kneller Ag JA )

CRIMINAL APPEAL NO 136 OF 1981

RAPHAEL NGOYA and 5 OTHERS .........................APPELLANT

AND

REPUBLIC........................................................RESPONDENT

(Appeal from the High Court at Nairobi, Chesoni and O’Kubasu JJ)

JUDGMENT

The six appellants in this second appeal were jointly charged in the court of the Senior Resident Magistrate at Kisumu with three counts of robbery with violence, contrary to section 296(2) of the Penal Code, one of burglary contrary to section 304(1)(a) of the Penal Code, and one of shop-breaking contrary to section 306(a) of the Penal Code. All these offences are alleged to have been committed at Kadero Village and the neighbouring village of Bukuyi Market in North Wanga Location of Kakamega District on the night of May 30/31, 1979, by a gang of robbers armed with firearms. In the course of the commission of these offences, a woman, a young girl and a man were wounded by …

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