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Robert Odhiambo Akumu v. Republic

(2019) JELR 96732 (CA)

Court of Appeal  •  Criminal Appeal 157 of 2015  •  21 Nov 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

Robert Odhiambo Akumu, the appellant was charged with two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of Count 1 were that on the 28th August 2013 at North Kanyamwa Location in Ndhiwa District of Homabay County, the appellant being armed with a dangerous weapon, robbed Sophia Atieno Okongo of cash Kshs. 20,000 and immediately before or immediately after the robbery wounded Sophia Atieno Okongo.

The particulars of Count II were that on the 29th August, 2013 at North Kanyamwa Location in Ndhiwa District of Homabay County, the appellant being armed with a dangerous weapon, namely, a panga, robbed John Okongo Otieno of cash Kshs. 10,200 and immediately before or immediately after the robbery wounded John Okongo Otieno.

The appellant denied committing the offences.

Upon finding that both offences of robbery with violence were proved, the trial magistrate convicted the appellant on both counts and sentenced him to death as…

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