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OWINJO
V.
REPUBLIC

(1985) JELR 95325 (CA)

Court of Appeal 25 Jun 1985 Kenya
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Case Details

Suit Number:Criminal Appeal No 37 of 1985
Judges:James Onyiego Nyarangi, Harold Grant Platt
Location:Kisumu
Other Citations:Owinjo v. Republic[1985] eKLR

Judgment.

The appellant Joram Oloo Owinjo was charged with two others on three counts namely, stealing a motor vehicle contrary to section 278 “A”: attempted robber contrary to section 271(1) : and robbery contrary to section 296(1) of the Penal Code. At the trial before the Senior Resident Magistrate Kisumu, one of them was acquitted but the appellant and another were convicted on all three counts, and sentenced to 4 years imprisonment and two strokes on the first count; and 4 1⁄2 years imprisonment and three strokes one each of the second and third counts. Their appeal to the High Court (Schofield J) against their convictions and sentences were dismissed. The appellant now appeals alone to this court, on all the three counts and lists 6 grounds of which may be summarized as; that he never admitted any of the charges; the prosecution failed to produce cogent evidence to prove his guilt; the witnesses failed to identify the registration numbers of the motor vehicles; identification par…

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