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Samuel Ochieng Migai v. Republic

(2013) JELR 96664 (CA)

Court of Appeal  •  Criminal Appeal163 of 2010  •  14 Jun 2013  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The appellant in this appeal Samuel Ochieng Migai was charged before the Senior Resident Magistrate’s Court at Homa Bay with three counts of robbery with violence contrary Section 296 (2) of the Penal Code and one alternative count of handling stolen goods contrary to Section 322 (2) of the Penal Code. The particulars of the robbery charges were the same in respect of the date of such robbery and of the robbers being armed with dangerous weapons namely pistols and knives and that at or immediately before or immediately after the time of such robbery they threatened to use actual violence upon their various victims. In the first count the complainant was Peter Kimeu and he was robbed of cash Kshs.21,000/=, whereas in the second count Samuel Mwita was robbed of one mobile phone Nokia 62220 valued at Kshs.6,500/=. In the third count, the victim was Jared Mboya who was robbed of one jacket and identity card both valued at Kshs.500/=. The alternative count alleged that…

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