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(1995) JELR 94046 (CA)

Court of Appeal  •  Criminal Appeal 79 of 1992  •  10 May 1995  •  Kenya

Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Richard Otieno Kwach



The appellant jointly with others not before the Principal Magistrate's Court at Kisumu was charged in that court with four Counts of robbery with violence contrary to ”section 296(2) of the Penal Code. In the first count, the complainant was Peter Owino Okoth (P.W.1); in the second count, the complainant was Flesia Auma w/o Silvano Ouma (P.W.2); in the third count, the Complainant was John Juma Okong'o (P.W.3); and in the fourth Count the complainant was Joan Hongo Osieko (P.W.5).

On the evening of 28th June, 1987 between 8.00 p.m. and 9.00 p.m., P.W.2 was in her house at Dago Sub-Location near RIAT in East Kisumu Location of Kisumu District within the Nyanza Province preparing her four children to go to bed. Inside her house was a tin lamp that was burning and in whose light she was preparing her children to go to bed. Suddenly, the door to her house broke open and about ten people entered therein. P.W.2 had not seen those people before. In the light from her tin…

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