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ROBERT OWINO OWITI & others v. REPUBLIC

(2012) JELR 93854 (CA)

Court of Appeal  •  Criminal Appeal 46 of 2010  •  22 Mar 2012  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

Robert Owino Owiti (Robert), Edwin Makunda Outa (Edwin), and Godfrey Okoth Oketch (Godfrey), the appellants herein, were jointly charged in the Chief Magistrate’s Court in Kisumu with four counts of the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The facts of the offence were that on the 12th January, 2007 at Milimani Hospital in Kisumu jointly with others not before the court and while armed with dangerous weapons namely a pistol robbed Tabitha Otieno of a mobile phone (Samsung X640) and cash Kshs.9,500/= in Count 1; Elijah Omondi of a mobile phone (Motorola T190) and cash Kshs.17,000/= in Count 2; Anthony Otieno Opondo of a mobile phone (Nokia 1600) and cash Kshs.50/= (in Count 3) and Elizabeth Muthoni Kamau of two mobile phones (Nokia 2100 and Nokia 1100) and cash Kshs.5,650/= (in Count 4) and at or immediately before or after the robbery threatened to use actual violence to the said persons.

The prosecution called nine witnes…

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