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Ogero Omurwa v. Republic

(1979) JELR 94891 (CA)

Court of Appeal  •  Criminal Appeal 14 of 1979  •  17 Jul 1979  •  Kenya

Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter



This is the appellant’s second appeal after the dismissal of his appeal by the High Court against his conviction and sentence in the Court of the Senior Resident Magistrate, Kisumu, for the offence of robbery with violence, contrary to section 296(2) of the Penal Code.

David Mecha was on duty as a watchman at Matutu secondary school. At about 2.00 am on 25th January 1978 he was attacked by a gang of about sixteen men who carried torches and were armed with bows and arrows, and simis. Mecha flashed his torch and identified the appellant whom he had known “for long”, and whom he used to see every morning in the market. The appellant beat Mecha and cut him with a simi on his head, right thigh and thumb. Mecha cut the appellant on his head, then threw his knife at him when the appellant ran as help came.

The school was robbed of a typewriter (worth Shs 4,000) and certain other items listed in the charge sheet during the raid. The typewriter was recovered later in the bu…

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