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Vincent Jared Ogutu v. Republic

(2019) JELR 95188 (CA)

Court of Appeal  •  Criminal Appeal 20 of 2015  •  31 Jul 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant was charged in the Chief Magistrate’s Court, Kisumu with two counts; the first being robbery with violence contrary to section 295 as read with section 296 (2) of the Penal Code. The particulars thereof were that on 25th December, 2009 at Riat market in Kisumu East district of the Nyanza province, jointly with others not before Court while armed with pangas and stones robbed Charles Omondi Awuor one video deck make Sony, one mobile phone make Nokia 1110, one radio cassette and two speakers all valued at Kshs. 20,000 and at or immediately before or immediately after the time of such robbery used actual violence on the said Charles Omondi Awour. On the second count, the appellant was charged with assault causing grievous bodily harm contrary to section 351 of the Penal Code with particulars being that on the same date and place, the appellant jointly with others not before Court unlawfully assaulted Paul Osodo Oduor thereby occasioning him actual bodil…

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