Customer Support

OPONDO
V.
REPUBLIC

(1990) JELR 96227 (CA)

Court of Appeal 25 Sep 1990 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:crim app 189 of 88
Judges:Richard Otieno Kwach, Abdul Majid Cockar, Joseph Raymond Otieno Masime
Location:Nakuru
Other Citations:Opondo v. Republic [1990]eKLR

Judgment.

The appellant was convicted of robbery with violence contrary to section 296(1) of the Penal Code and sentenced to 5 years imprisonment and six strokes of the cane followed by 5 years mandatory police supervision. His appeal to the High Court against both conviction and sentence was dismissed and he now appeals to this court. In his petition of appeal , the appellant has raised a number of grounds but the only substantial issue of law raised in this second appeal is whether the appellant was properly identified as the person who attacked and robbed the complainant.

The evidence which was accepted by the trial court was that the appellant attacked the complainant as he was walking home with his girlfriend shortly after midnight. The complainant, a matatu conductor, had gone to Thumaina Bar in Langalanga Estate, Nakuru, to collect his girlfriend. The appellant grabbed the complainant’s girlfriend and when the complainant interceded, the appellant attacked him with an unidentifie…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.