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Titus Otieno Owino v. Republic

(2014) JELR 93864 (CA)

Court of Appeal  •  Criminal Appeal 290 of 2010  •  13 Jun 2014  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This is a second appeal, the first appeal in the High Court vide Criminal Appeal Number 132 of 2009 having been dismissed. The record before us, the genesis of this appeal shows that the facts that gave rise to the entire saga are straight forward.The complainant John Onyango Onyango (PW1) (Onyango) and Michael Otieno Adhola (PW2) (Michael) were both bicycle repairers and had a workshop near Octopus Bar, on Mosque Road. They both lived at Otonglo market on the outskirts of Kisumu Town. On 7th October, 2008, they worked till late. At about 9.00 pm, as Onyango was riding his bicycle on his way home, and just as he was about to reach home, he heard a bang on his head and he fell down. He had been hit on the head and he lost consciousness. When he came to about 20 minutes later, he found he had been injured on his head and mouth and his bicycle was gone. Some good Samaritans helped him to Port Florence Hospital nearby where he was treated. He also realised that apart …

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