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Reuben Taabu Anjononi ,Benjamin Akisa Anjononi and Monya Anjononi v. Republic

(1980) JELR 96351 (CA)

Court of Appeal  •  Criminal Appeals Nos 480, 208 and 209 of 1978  •  8 Jan 1980  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

JUDGMENT OF THE COURT

These three appellants whose appeals we have consolidated appeal against the dismissal of their appeals by the High Court from the conviction of the first appellant and the findings of guilt against the second and third appellants (they being under the age of eighteen years on the date of the commission of the offence) for capital robbery, contrary to section 296(2) of the Penal Code. In addition, the second appellant (the third appellant in the High Court) was convicted of assault causing actual bodily harm contrary to section 251 of the Penal Code, and ordered to receive two strokes corporal punishment.

A disconcerting feature of this case is the delay of about seven and a half months in the opening of the trial (although the appellants were arrested on the morning of the next day) due to lack of instructions from the Attorney-General’s chambers, as stated in Court on repeated occasions by the prosecutor.

The appellants’ victims were Wanyoni Rebela and his wife, J…

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