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Stephen Onyango Owendo v. Republic

(2009) JELR 93815 (CA)

Court of Appeal  •  Criminal Appeal 87 of 2008  •  19 Jun 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

On the night of 16th and 17th December, 2005, two families in Umala Sub-Location, of Siaya District were violently invaded by a gang of six robbers and their property was stolen. The first family invaded was Walter Omondi Onyango’s (PW1) (Walter). He was sitting in his house watching television at about 8.30 p.m. His wife Morine Akoth (PW2) was in the kitchen and their children, among them, Victor Onyango Omondi (PW7) (Victor) were elsewhere in the house. Morine walked outside the house at about 8.30 p.m. and there she saw a group of men. They pushed her back into the house asking for her son called “Mayor”. The assailants found Walter and they demanded Kshs.100,000/= which the couple said they did not have. They gave out Kshs.200/=. The robbers demanded more and Morine gave them her handbag which had some money. The robbers poured out the money on a table and started counting it. It had Kshs.3,200/=. There were six of them holding bright torches which lighted up …

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