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JOSAM WESONGA MAKOKHA
V.
REPUBLIC

(2020) JELR 97742 (CA)

Court of Appeal 31 Jan 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 135 of 2015
Judges:Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale
Location:Kisumu
Other Citations:Josam Wesonga Makokha v. Republic[2020] eKLR

JUDGMENT OF THE COURT

On 22nd March, 2013, Olwande, the then Acting Senior Principal Magistrate, Butere Law Courts convicted the appellant of two counts of robbery with violence contrary to S. 295 as read with S.296 (2) of the Penal Code and made no finding in respect of the alternative charges thereof of handling stolen property contrary to S.322 (1) of the Penal Code. The appellant was sentenced to suffer death as by law then provided. It is not clear from the record whether in the second count of robbery with violence, the sentence was put in abeyance. The 1st appellate court made comments as regards this failure on the part of the trial court when in its judgment it stated:

“The appellant was found guilty as charged on counts I and II and convicted of the same. He was sentenced to suffer death as by law provided. The trial court made no finding on the alternative charges. It is not clear from the sentence whether the appellant was sentenced to one or two deaths. We wish to point out…

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