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Robert Achapa Okello, Lemeck Evans Odero, Collins Ramadhan Issa & Obadia Otieno Oduor v. Republic

(2013) JELR 93824 (CA)

Court of Appeal  •  Criminal Appeal 304 of 2012  •  24 Oct 2013  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

As on 21st December, 2004 Shadrack Opiyo Ochieng (PW3) of Manyatta, a carpenter, was working at his workshop within Manyatta area in Kisumu. On that day, he worked upto 7.00 pm and went home having securedly locked his workshop with a padlock. The next day, 22nd December 2004, he reported on duty but found the padlock missing from the door. He pushed the door open and on entering the workshop, he

found two (2) beds, tool box, five (5) screws, paint and shelf were missing. He went and reported the breaking into his building and commission of a felony therein to Kondele Police station. He gave the police a list of his stolen items. He also reported the incident to the Chief of Manyatta location. Before that incident was fully investigated and anybody arrested and charged in respect of it, another incident and only about four days later of a more serious magnitude occurred. On the night of 25th/26th December 2004 Nancy Ondeng (PW1) who was working for FIDA Kenya and w…

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