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JOSEPH ONYANGO OWUOR & ANOR
V.
REPUBLIC

(2010) JELR 97733 (CA)

Court of Appeal 30 Apr 2010 Kenya
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Case Details

Suit Number:Criminal Appeal 353 of 2008
Judges:Samuel Elikana Ondari Bosire Philip Nyamu Waki John walter Onyango Otieno
Location:Kisumu
Other Citations:Joseph Onyango Owuor & another v. Republic [2010] eKLR

JUDGMENT OF THE COURT

In this second appeal there are two appellants, Joseph Onyango Owuor alias Jobiso (1st appellant) and Cliff Ochieng Oduor alias Sensi (2nd appellant). The two appellants were charged jointly with another person whose appeal is not before us, with four counts of robbery with violence contrary to section 296 (2) of the Penal Code. The 1st appellant faced an additional count of being in possession of ammunition without a firearm certificate contrary to section 4(1) as read with section 4(3) of the Firearms Act Cap 114 of the Laws of Kenya. There were alternative counts, but they related to the person whose appeal is not before us. At the conclusion of their trial, both appellants were found guilty of the respective charges and were convicted. Each of them was sentenced to death. The 1st appellant was in addition sentenced to a term of 5 years imprisonment for the charge relating to possession of ammunition. It is noted that the trial magistrate, L.N. Mbugua, S.R.M, …

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