RICHARD LENGURO RAMACHA, LONKIYA LELIKAT & JACOB LELEMEUWA V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal emanating from the judgment of Wendoh and Emukule, JJ delivered on 31^st May, 2013 in High Court Criminal Appeal No. 30 of 2011. The High Court upheld the convictions and sentences imposed by the trial court of 7 years imprisonment on the 3 appellants, namely Lonkiyia Lelikat, Jacob Lelemeua and Richard Lenguro Ramacha who had been charged in Maralal Senior Resident Magistrate’s Court in Criminal Case No. 68 of 2009. Although the appellants faced five counts of robbery with violence contrary to section 296(2) of the Penal Code, they were acquitted of the five counts of capital robbery. The appellants were however found guilty of handling stolen goods contrary to Section 322 (2) of the Penal Code and sentenced to serve seven (7) years imprisonment as stated above.

In this second appeal, the appellants have raised three (3) grounds contained in their supplementary grounds of appeal. They faulted the High Court for:

(i) failing to analyse the evi…