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GEORGE ONYANGO KISERA & ANOTHER
V.
REPUBLIC

(2019) JELR 97831 (CA)

Court of Appeal 3 Jul 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 192 of 2014
Judges:Abdul Majid Cockar, Milton Stephen Asike Makhandia, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:George Onyango Kisera & another v. Republic [2019] eKLR

JUDGMENT OF THE COURT

The appellants were charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars were that on 21st March, 2010 at 11:00pm at Muhoroni Township in Muhoroni District within Nyanza province jointly while armed with pangas, robbed Francis Ochieng Opiyo of one mobile phone make Nokia 1110, one black jacket, one black leather belt, a hat, spectacles and Kshs. 4,500 all valued at Kshs. 12,750 and at or immediately before or immediately after the time of such robbery beat the said Francis Ochieng Opiyo. In the alternative count, the appellants were charged with handling stolen property contrary to section 322 (2) of the Penal Code. The particulars were that on 24th and 25th March, 2010 respectively in Muhoroni, the appellants otherwise than in the course of stealing dishonestly retained one mobile phone make Nokia 1110, a black jacket and a leather belt knowing or having reasons to believe it to be stolen property. The a…

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