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ISOE
V.
REPUBLIC

(2023) JELR 113548 (CA)

Court of Appeal 26 Jan 2023 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL 104 OF 2019
Judges:F. OCHIENG, JA L. ACHODE, JA W. KORIR, JA
Location:Eldoret

Judgment

  1. We have been called upon to render ourselves on a second appeal lodged by Philip Njoka Isoe, the appellant herein. The appellant was charged and convicted for the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. He also faced an alternative charge of handling stolen property contrary to section 322(1) of the Penal Code. The offence is alleged to have been committed against Daniel Lang’at with respect to motorcycle registration number KMDU 768C of TVS star model at showground village in Kapsabet within Nandi county. The appellant was found guilty and sentenced to life imprisonment.

  2. The appellant being dissatisfied with the judgment of the trial court lodged an appeal before the High Court (the first appellate court). The High Court in its judgment dismissed the appeal in its entirety. The appellant is now before us on a second appeal.

  3. In summary, the case against the appellant was that the complainant (PW1) was a bodaboda rid…

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