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IN THE COURT OF APPEAL
AT MOMBASA
(Coram:Madan Ag CJ, Kneller and Nyarangi JJA)
CRIMINAL APPEALS NO,S 89, 96, 106, 107, 108, 109, 127, 128, 129, 130, 134, 138, 139, 140, 141, 198 and 199 OF1985 (CONSOLIDATED)
BETWEEN
ONDARI and 17 OTHERS......................................................APPELLANTS
AND
REPUBLIC.........................................................................RESPONDENTS
(Appeals from the High Court at Mombasa, Bhandari J)
JUDGMENT
We consolidated these appeals with the consent of the principal state counsel and Mr Gachuhi for Beauchamp Juma Ogolo Akengo the appellant in (Criminal Appeal No 107 of 1985) and all the other 15 appellants who were unrepresented and present save for two who had served their sentences and been released.
Each appellant was charged separately before a court martial with the offence of mutiny contrary to section 25 (2) of the Armed Forces Act (cap 199) (the Act).
The particulars alleged that on August 1, 1982 being a serviceman in the armed forces…