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Peter Ooko Otieno v. Republic

(2014) JELR 96415 (CA)

Court of Appeal  •  Criminal Appeal 26 of 2013  •  20 Feb 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] The appellant Peter Ooko Otieno was charged before the Principal Magistrate’s Court in Kwale with two counts of Robbery with violence contrary to section 296 (2) of the Penal Code. He was tried and convicted of one of the counts in which he was alleged to have robbed Esther Wangui Wairimu (PW1) (Esther) of her Samsung mobile phone valued at Kshs.20,000/-, but was acquitted of the second count in which he was alleged to have robbed Anne Njeri. He appealed against his conviction and the mandatory death sentence to the High Court. His appeal was heard and dismissed in its entirety by Ojwang and Azangalala JJ (as they then were). Being dissatisfied, the appellant has now appealed to this Court raising five grounds in a memorandum of appeal which he prepared in person. At the hearing of the appeal, the appellant was represented by Mr. Ngumbau Mutua, learned counsel, who abandoned the first and second grounds and collapsed the third and fourth grounds which he summa…

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