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Osbon Onditi Ouko & Dickson Okello Ouko v. Republic

(2011) JELR 93823 (CA)

Court of Appeal  •  Criminal Appeal 173 of 2006  •  28 Jul 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The two appellants herein, Osbon(Hesborn) Anditi Ouko (Osbon) and Dickson Okello Ouko(Dickson) are brothers. Together with one other person, they were charged before the Senior Resident Magistrate, Homa Bay (B. Ochieng, SRM) on two counts of robbery with violence contrary to section 296 (2) of the Penal Code and, together with a fourth person, on one count of being in possession of a firearm contrary to section 4 (3) of the Firearms Act Cap 114 Laws of Kenya. The allegation in the first count was that: - “1. OSBON ANDITI OUKO, 2. DICKSON OKELLO OUKO 3. CHARLES KICHA OLIMA: On the 13th day of April, 2002, at Ukula Beach, Kaksingri Central Location, In Suba District within Nyanza Province, jointly while armed with a dangerous weapon namely an AK 47 rifle S/No. 4311 robbed ABDI FARAH of Kshs.120,000/= and at or immediate before or immediately after the time of such robbery used personal violence to the said ABDI FARAH.” The second count was on the same particulars bu…

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