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Polycarp Ochieng Obala & Stephen Otieno Onyango v. Republic

(2014) JELR 93792 (CA)

Court of Appeal  •  Criminal Appeal 57 of 2011  •  19 Sep 2014  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

On the night of 29th/30th October 2009, Rongo Township in the then Rongo District, now Migori County in Nyanza Province was under siege by a gang of robbers who harassed and robbed a number of residents and carried out burglary in a number of houses at their own pace and with abandon without being at any time intercepted in the course of such criminal activities, notwithstanding that a police station was situated within the township. To be more specific, in the same night two robberies and four burglaries were carried out and apart from a feeble attempt by one victim to identify the culprits, none of the other victims could identify the thugs. That feeble attempt was rightly rejected by the trial court and the first appellate court. That in effect meant that, notwithstanding the long time that the culprits carried out their escapade, none identified them and no police officers arrested them in that act as one would have expected, the police station being within th…

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