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Vincent Omondi Obeto & Stephen Mutua Masila v. Republic

(2010) JELR 94449 (CA)

Court of Appeal  •  Criminal Appeal 250 of 2006  •  28 May 2010  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

Vincent Omondi Obeto and Stephen Mutua Masila, the appellants with others who were acquitted were charged at the Senior Principal Magistrate’s Court Naivasha with various counts of robbery with violence contrary to section 296(2) of the Penal Code. They were also charged with alternative counts of handling stolen property contrary to section 322(2) of the Penal Code and being found with or retaining suspected or stolen property contrary to section 323 of the Penal Code. They denied the charges but after a full trial they were both acquitted of counts 1 to 7 but found guilty of counts 8 and 9 of the charges wherein they were given the mandatory death sentence as provided by law. The 1st appellant was also found guilty of the alternative charge to count 3 while the 2nd appellant was found guilty of the alternative charge to count 2 of the main charges. In addition the 1st appellant was found guilty of having suspected stolen property in count 11 while the 2nd appell…

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