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Benard Akusimba Keya v. Republic

(2008) JELR 105771 (CA)

Court of Appeal  •  Criminal Appeal 124 of 2005  •  22 Feb 2008  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire



The appeal before us raises three main legal issues. First, whether or not the trial and the first appellate courts erred in holding that the appellant had been positively identified as one of the members of the gang that robbed the complainants of a revolver and other personal effects during the night of 16th August, 2000 at Kaptembwa area of Nakuru; second, whether or not the doctrine of recent possession was wrongly invoked to found a conviction against the appellant; and thirdly, whether or not the charge and cautionary statement allegedly made by the appellant and which was admitted in evidence after a trial within the trial after the appellant had retracted and repudiated it had been correctly admitted by the trial court.

BENARD AKUSIMBA KEYA, the appellant herein, was arraigned before the Chief Magistrate’s Court at Nakuru on two counts of robbery with violence contrary to section 296(2) of the Penal Code and on two other counts of being in possession of a f…

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