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Stephen Kaleng Makalale & Sabiano Mbondo Okanga v. Republic

(2010) JELR 96549 (CA)

Court of Appeal  •  Criminal Appeal 163 & 165 of 2008  •  28 May 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

In this second appeal, the appellants, Stephen Kaleng Makalale (1st appellant) and Sabiano Mbondo (2nd appellant) both of them former Administrative Police Officers, were convicted, after a trial, by the senior Resident Magistrate, Narok, of the count of robbery with violence contrary to section 296 (2) of the Penal Code, and were thereafter sentenced to the mandatory death sentence. Their respective first appeals were dismissed by the superior court (Koome and Kimaru JJ.), and hence this joint appeal. Mr. Bichanga, advocate, who appeared for both appellants in the appeal raised 7 grounds of appeal in a supplementary memorandum of appeal, but at the hearing he argued only the following four:(1) Some essential witnesses, among them the arresting officer, were not called with the result that the omission prejudiced the appellants’ respective cases.(2) The superior court failed to analyze and re-evaluate the evidence as it was required to do.(3) The appellants were …

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