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Ondigo Othiambo v. Republic

(1982) JELR 93898 (CA)

Court of Appeal  •  Criminal Appeal 64 of 1981  •  8 Dec 1982  •  Kenya

Coram
Eric John Ewen Law, Alan Robin Winston Hancox, Kenneth D Potter

Judgement

JUDGMENT OF THE COURT

The appellant, who claims to be seventy five years old, was charged with two other men before the Resident Magistrate at Kisumu with robbery, contrary to section 296(1) of the Penal Code and in an alternative count the appellant alone was charged with handling a blanket stolen in the course of the robbery, knowing or having reason to believe the same to have been stolen, contrary to section 322(2) of the Penal Code. All three accused were convicted of the substantive count and the appellant was sentence to 21/2 years imprisonment and eight strokes of corporal punishment. The appellant appealed to the High Court which summarily rejected his appeal, but in a revision order reduced the sentence of corporal punishment to one stroke “subject to fitness in view of the appellant’s stated aged as seventy five.” The appellant, represented by Mr Behan, now brings this second appeal to this court.

The complainant, who styles himself “Archbishop of Legio Maria Sect” deposed th…

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