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(2012) JELR 93887 (CA)

Court of Appeal  •  Criminal Appeal 237 of 2009  •  22 Mar 2012  •  Kenya

Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu



In the trial court of the Senior Resident Magistrates Court at Oyugis, the appellant and two others were charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence, as per the charge sheet, were that on 22nd May, 2004 at [particulars withheld] Rachuonyo District in Nyanza Province, while armed with pangas, metal bars and a pistol, they robbed B.A.O of a suit case containing assorted clothes valued at Kshs.105,000/= and at or immediately after the time of such robbery used actual violence to the said B. A. O.

The second charge which was against the appellant only as the second accused, states that on the same day and at the same place he had canal knowledge of B.A.O. The trial court found the appellant guilty of the first and second counts and proceeded to convict him on the first and second counts but only sentenced him to death on the first count but omitted to pass a sentence on the second count…

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