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Peter Odhiambo Okello & Harun Sitote Wanga v. Republic

(2011) JELR 96784 (CA)

Court of Appeal  •  Criminal Appeal 166 of 2010  •  4 Nov 2011  •  Kenya

Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji



The two appellants and others were jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code, in that on the night of 8th and 9th December, 2001 at Marenyo sub-location Yala Township, Siaya District jointly with others not before court while armed with dangerous weapons, namely pangas, iron bars, rungus, and torches robbed Francis Wasili Maganda of one wrist watch, a pair of sports shoes, a panga, sports radio, a photo album, a jembe and eight small tins (goro goros) of maize grains all valued at Kshs.1,820/= and at or immediately before or immediately after such robbery wounded the said Francis Wasili Maganda.

There were additional counts of handling stolen property contrary to section 322(2) of the Penal Code and rape contrary to section 140 of the Penal Code but these will not concern us in this judgment as the appellants were not convicted on these additional counts.

The evidence as accepted by the trial court and theā€¦

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