PETER ONDUKO MOCHACHE V. REPUBLIC

JUDGMENT OF THE COURT

Before the Resident Magistrate’s Court at Kericho six persons were charged on count 1 with the offence of robbery with violence contrary to Section 296(1) of the Penal Code and on count 2 with the offence of assault causing actual bodily harm. The appellant was the 5^th accused. All the six were found guilty on both counts and convicted. Five of them were sentenced to various terms of prison sentences and corporal punishment. The sixth accused was placed was placed on probation for 3 years. The appellant on account of his two previous convictions for offences of similar nature was sentenced to 8 years imprisonment with corporal punishment of 5 strokes on count 1 and to 2 years imprisonment on count 2, the prison sentences to run concurrently. The appellant’s appeal to the Superior Court against conviction and sentence was dismissed on both counts. None of the remaining five co-accused of the appellants appears to have appealed to the Superior Court.

This being a sec…