[2011] KEHC 978 (KLR)
Given that the appellant was convicted of robbery with violence under section 296(2) of the Penal Code, which is a capital offence, the law requires that the appeal be heard by a bench of two judges. The court therefore directed that the appeal be listed for hearing before two judges in accordance with the...
Source-derived case information.
- Citation
- [2011] KEHC 978 (KLR)
- Parties
- Appellant: Patrick Odembo Obayi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 93 of 2003
- Procedural Posture
- Criminal Appeal / Order for Hearing Before Two Judges
- Outcome
- The appeal is to be listed for hearing before two judges during the next session.
- Judges
- AO Muchelule
- Legal Topics
- Robbery With Violence, Penal Code Section 296 2, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Odembo Obayi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order for Hearing Before Two Judges
Legal Issues
- 1 Whether the appeal against conviction and sentence for robbery with violence under section 296(2) of the Penal Code should be heard by a bench of two judges.
Ratio Decidendi
Given that the appellant was convicted of robbery with violence under section 296(2) of the Penal Code, which is a capital offence, the law requires that the appeal be heard by a bench of two judges. The court therefore directed that the appeal be listed for hearing before two judges in accordance with the applicable legal provisions.
Court Disposition
The appeal is to be listed for hearing before two judges during the next session.
Orders
- The appeal shall be listed for hearing before two judges during the next session.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT
AT BUNGOMA
CRIMINAL APPEAL NO.93 OF 2003
(Being appeal from the conviction and sentence by the Senior Principal Magistrate K. Ngomo at Bungoma Cr. Case No.93 of 2003)
PATRICK ODEMBO OBAYI::::::::::::::::::::::::::::: APPELLANT
~VRS~
REPUBLIC::::::::::::::::::::::::::::: RESPONDENT
ORDER
Because the appeal followed the conviction of the Appellant for the offence of robbery with violence under section 296 (2) of the Penal Code, I direct that the same be listed for hearing before two judges during the next session.
Dated and Delivered at Bungoma this 5th day of December 2011 in the presence of the Appellant, the State Counsel Mrs. Leting and Lilian Gimose the court clerk.
A. O. MUCHELULE
JUDGE