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Richard Oloo Otieno,Richard Oricho Onyango, Jared Ochieng Jura & Richard Omondi Ombewa Alias Soldi v. Republic

(2008) JELR 96728 (CA)

Court of Appeal  •  Criminal Appeal 54 & 64 of 2007  •  5 Dec 2008  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Joyce Adhiambo Aluoch

Judgement

JUDGMENT OF THE COURT

This appeal has a long history and it may be necessary to give a brief background before we come to the grounds of appeal argued before us on 24th June, 2008 when Mr. Evans Ondieki appeared for all the 4 appellants while Mr. Musau the learned Senior Principal State Counsel, appeared for the State.

On 19th May, 2000 the four appellants herein RICHARD OLOO OTIENO, RICHARD ORICHO ONYANGO, JARED OCHIENG’ JURA and RICHARD OMONDI OMBEWA alias SOLDIER were jointly charged with three others whose appeals are not before us with eight (8) counts of robbery with violence contrary to section 296 (2) of the Penal Code and three counts of rape contrary to section 140 of the Penal Code and as well as one count of assault contrary to section 251 of the Penal Code. After a lengthy trial the appellants and their co-accused were all convicted on the first count of robbery with violence contrary to section 296(2) of the Penal Code and on the last count of assault contrary to section 2…

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