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Peter Namemba Okango v. Republic

(2010) JELR 96600 (CA)

Court of Appeal  •  Criminal Appeal 276 of 2005  •  12 Mar 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant, PETER NAMEMBA OKANGO, and two others were arraigned before the Senior Principal Magistrate’s Court at Busia in Criminal Case No. 179 of 1994 in which they were jointly charged with robbery with violence contrary to section 296(2) of the Penal Code. After a full trial, the three were convicted and sentenced to death as prescribed by the law. Their appeal to the superior court was dismissed and so the appellant now stands before us by way of a second and final appeal. Perhaps, it should be pointed out that the appellant’s co-accused have passed away before reaching this Court and that is why it is only the appellant who is before this Court.

When the appeal came up for hearing before us on 3rd March, 2010, Mr. A.O. Oyalo, appeared for the appellant, while Mrs. T.Ouya (Assistant Deputy Public Prosecutor) appeared for the State.

According to the record of the trial Court, part of the trial was conducted by Police Constable Wamalwa who was an unqualified p…

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