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Tobias Ouma Otieno v. Republic

(2008) JELR 95270 (CA)

Court of Appeal  •  Criminal Appeal 154 of 2003  •  11 Apr 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya

Judgement

JUDGMENT OF THE COURT

Tobias Ouma Otieno, the appellant hereinafter, together with another person who is not before us in this appeal, were tried before the Senior Principal Magistrate at Eldoret on one count of robbery with violence and a second one of assault causing actual bodily harm, both the two counts being contrary to sections 296 (2) and 251 of the Penal Code, respectively. The charge of robbery with violence under section 296 (2) of the Penal Code stated in its particulars that on 13th September, 2000 at Langas Estate in Eldoret, the appellant, jointly with his co-accused and another not before the court, while armed with dangerous or offensive weapons, namely, a toy pistol, an iron bar and a sword, they robbed Jane Wamaitha Thuo of cash K.Shs.7,218/= and that at or immediately before or immediately after the time of the robbery, they wounded Jane Wamaitha Thuo. The second count stated in its particulars that on the same date, time and place, the appellant and his confederateā€¦

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