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Patrick Opondo Ochola, Augustine Juma Muyange, Fredrick Oduor, Ussein Mobutu Khalasi & George Omollo Oduor v. Republic

(2018) JELR 94397 (CA)

Court of Appeal  •  Criminal Appeal 23 of 2014  •  13 Nov 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu

Judgement

JUDGMENT OF THE COURT

The five appellants now before us were all jointly tried and convicted by the Chief Magistrate’s Court at Busia of four (4) counts of robbery with violence contrary to section 296(2) of the Penal Code. They were each sentenced to suffer death in regard to the first count.

Being aggrieved, the five (5) appellants all appealed to the High Court. Their appeals were consolidated and heard by a Bench of two (2) Judges who dismissed the appeals.

The appellants are now before us in a second appeal. One of the issues taken by the appellants in this appeal is that one of the two (2) Judges who heard their appeal in the first appellate court was a Judge of the Environment and Land Court and therefore not competent to hear the criminal appeal.

Mr. Mule, Senior Assistant Director of Public Prosecutions has availed a copy of the Supreme Court Decision in the Repulic v. Karisa Chengo and 2 others, Petition No. 5 of 2015. Ms Wafula of the Office of the Director of Public Prosecutio…

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